Circular number 15/2021/TT-BLDTBXH amended by Circular number 08/2023/TT-BLDTBXH stipulates the Charter of vocational college, including management organization, training activities, and autonomy of the school. It applies to public, private, and foreign-invested schools.
Scope of application
Public, private, and foreign-invested vocational colleges; organizations and individuals participating in activities at vocational colleges.
Key points
- Vocational colleges have legal personality and are autonomous in organizational structure and other contents as prescribed by this Circular.
- The name of the vocational college must be clear, not misleading, and comply with specific regulations.
- The charter of organization and operation is issued by the rector, including many contents such as the name of the school, mission, tasks, powers, student management, finance, and relations with enterprises.
- Vocational colleges perform tasks according to the provisions of the Law on Vocational Education, having autonomy in professional activities, organizational structure and personnel, finance, and assets.
- The governing board of public colleges consists of the governing board, rector, and vice-rector; the management council of private colleges consists of the management council, rector, and vice-rector.
🌐 Social impact of this document
- Enhance the autonomy of schools in vocational education activities, helping to improve the quality of training.
- Reduce administrative burdens for schools and related individuals.
- May cause difficulties for state management over some private colleges with foreign investment.
❓ Frequently asked questions
What components must the name of a vocational college include?
The Vietnamese name of a vocational college includes terms identifying the type of vocational education institution, type, field, or group of majors, specific name (if any), quality, and region/abroad.
How does a private vocational college have autonomy in organizational structure?
Autonomy in organizational structure, building and developing the teaching staff according to the law.
Who are the members of the governing board of public colleges?
The governing board includes the governing board, rector, and vice-rector.
What financial and asset autonomy does a vocational college have?
Financial autonomy under the financial autonomy mechanism of public service units; financial and asset autonomy when mobilizing, using, and managing resources to achieve vocational education goals.
What powers does the management council of private colleges have?
Approving investment strategies, development plans for physical facilities; approving strategies and plans for training development, scientific research, international cooperation; deciding on the appointment and dismissal of vice-rectors.
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CIRCULAR
Regulations on the Charter of Colleges
Circular No. 15/2021/TT-BLDTBXH dated October 21, 2021, issued by the Minister of Labor, Invalids, and Social Affairs, regarding the charter of colleges, effective from December 15, 2021, was amended and supplemented by:
Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023, issued by the Minister of Labor, Invalids, and Social Affairs, amending and supplementing certain provisions of circulars and joint circulars concerning the submission and presentation of paper household registration books, paper temporary residence books, or other documents requiring confirmation of place of residence when performing administrative procedures under the management of the Ministry of Labor, Invalids, and Social Affairs, effective from October 12, 2023.
Pursuant to the Law on Vocational Education dated November 27, 2014;
Pursuant to the Education Law dated June 14, 2019;
Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Based on the proposal of the Director General of the General Department of Vocational Education;
The Minister of Labor, Invalids, and Social Affairs issues this Circular to regulate the Charter of Colleges.1
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular regulates the Charter of Colleges, including: Tasks and powers; organization and management of colleges; organization of training activities; teachers, managers, staff, workers, and students in colleges; financial and property matters of colleges; relationships between schools and enterprises, vocational education institutions, educational institutions, families of students, and society; implementation of the Charter of Colleges.
Article 2. Applicability
1. This Circular applies to colleges and organizations and individuals participating in activities at colleges.
2. Colleges with foreign investment capital have autonomy in organizational structure and implement other contents according to the regulations for private colleges stipulated in this Circular.
3. This Circular does not apply to teacher training colleges.
Article 3. Legal status of colleges
1. Colleges have legal personality, their own seal and separate bank accounts.
2. Colleges are vocational education institutions, having autonomy and being responsible for accountability as prescribed by law.
3. Colleges operate in accordance with laws on vocational education, education, this Circular, and relevant laws.
Article 4. Principles for naming colleges
1. The name of a college in Vietnamese consists of components specified in Point a of this Clause and one or more components specified in Points b, c, d, and đ of this Clause:
a) The phrase identifying the type of vocational education institution: College;
b) The phrase identifying the type, field, or main group of majors and trades;
c) The phrase identifying a specific name: Name of locality; name of cultural or historical figure; name of individual, managing organization, or owner of the school. The phrase identifying the name of the locality must be associated with the location of the main office of the school;
d) The phrase indicating quality and level: When meeting the quality criteria as prescribed and recognized by competent authorities;
đ) The phrase associated with regional, international, or foreign national names: Names of regions, international, or foreign nationalities must be linked to national-level cooperation agreements or programs or joint training programs with foreign schools or training programs of the school reaching regional, international, or foreign national standards.
2. Naming the school must be clear, not causing misunderstanding about the organization and activities of the school; consistent with historical traditions, culture, ethics, and local customs; not causing confusion about the quality and level of the school.
3. The name of the school shall not be identical or cause confusion with the name of a previously established college.
4. The international trading name of the school is translated from Vietnamese into a foreign language, using appropriate foreign terms in line with international practices, not translating personal names, and not causing confusion with other school names.
5. The name of the school in Vietnamese is recorded in the decision to establish or permit establishment, seal, signboard, documents, transaction papers of the school, and displayed at the main office and branch offices of the school.
Article 5. Types of College Institutions
1. College institutions under this Circular shall be organized in the following types:
a) Public colleges;
b) Private colleges;
c) Colleges with foreign investment capital.
2. The supervisory bodies of public colleges include:
a) Ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations;
b) Units directly under ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations;
c) People's Committees of provinces and centrally-run cities (hereinafter referred to collectively as provincial-level People's Committees).
Article 6. State Management of College Institutions
1. College institutions are subject to state management on vocational education by the Ministry of Labor, Invalids and Social Affairs, and at the same time are subject to territorial management by the provincial-level People's Committee where the main office or branch of the college is located.
2. Ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations, and provincial-level People's Committees shall cooperate with the Ministry of Labor, Invalids and Social Affairs to implement state management over college institutions under their jurisdiction as stipulated in this Circular and relevant laws.
Article 7. Regulations on Organization and Operation of College Institutions
1. The regulations on organization and operation of college institutions shall be promulgated by the rector based on the resolution of the school council for public colleges or the board of directors for private colleges, in accordance with the provisions of this Circular, suitable to the specific characteristics of the institution, without contravening relevant laws.
College institutions under the people's armed forces shall apply the provisions of this paragraph and those applicable to units under the people's armed forces.
2. The regulations on organization and operation of college institutions shall include the following main contents:
a) Name of the college, abbreviated name (if any);
b) Mission;
c) Objectives;
d) Duties and powers of the college;
đ) Organization of training activities, scientific research, technology application, production services, and international cooperation;
e) Duties and rights of teachers, managers, civil servants, and workers;
g) Duties and rights of students;
h) Organization and management of the college;
i) Finance and assets;
k) Relations between the college and enterprises, vocational education institutions, educational institutions, families of students, and society;
l) Inspection, supervision, commendation, and handling of violations.
3. After being issued, the regulations on organization and operation of college institutions must be publicly announced throughout the institution.
4. The rector of a college institution shall issue revised and supplementary regulations on organization and operation of his/her institution according to Articles 1, 2, and 3 of this Article.
Article 8. Duties and Powers of College Institutions
College institutions shall perform duties and powers as prescribed in Article 23 of the Vocational Education Law, relevant laws, and the following provisions:
1. Duties:
a) Organizing the implementation of college-level, intermediate-level, and basic-level training programs and regular training programs as stipulated by the Minister of Labor, Invalids and Social Affairs;
b) Compiling, developing, or selecting and approving training programs, textbooks, and learning materials for each training profession of the college as stipulated by the Minister of Labor, Invalids and Social Affairs;
c) Developing and implementing enrollment plans as stipulated by the Minister of Labor, Invalids and Social Affairs;
d) Organizing training activities; conducting examinations, graduation assessments, printing, managing, and issuing college diplomas, intermediate diplomas, basic certificates, and training certificates as stipulated by the Minister of Labor, Invalids and Social Affairs. Organizing practical training in health-related fields and special professions as prescribed by the Government;
đ) Managing students, organizing physical education, sports, cultural, artistic activities, and other comprehensive educational activities for students as stipulated by the Minister of Labor, Invalids and Social Affairs;
e) Providing career counseling, employment guidance, and organizing support activities for student entrepreneurship as prescribed by law;
g) Implementing policies to support basic-level training and training under three months for rural laborers, female workers, persons with disabilities, and other policies as prescribed by law;
h) Recruiting, employing, and managing teaching staff, managers, civil servants, and workers of the college to ensure sufficient numbers and suitability to the profession, scale, and level of training as prescribed by law;
i) Sending or organizing training and upgrading for teaching staff, managers, civil servants, and workers of the college to improve their professional and vocational skills as prescribed by law;
k) Cooperating with enterprises, organizations, individuals, and families of students in vocational education and career counseling; organizing visits and internships for teaching staff and students at enterprises and supporting job placement for students as prescribed by law;
l) Cooperating with junior high schools, high schools, vocational education and continuing education centers, and continuing education centers to promote vocational education, career guidance, and分流后的第二部分:
m) Implementing scientific and technological tasks in vocational education, applying research results and transferring new technologies to serve economic and social development of ministries, sectors, and localities;
n) Implementing democracy and transparency in accordance with the law in the performance of training tasks, scientific and technological tasks, and the application of research results and technology transfer into teaching practice, career counseling, and guidance for students. Mechanisms should be established for students to participate in evaluating training activities; teachers to participate in evaluating management personnel, civil servants, and workers of the institution;
o) Managing and using land, facilities, equipment, finance, and assets of the college in accordance with the law.
p) Provide data on the school's vocational education and training activities to build a vocational education database; implement regular and ad hoc reporting systems as prescribed;
q) Perform other tasks as prescribed by law;
2. Authorities:
a) Develop and implement plans and strategies for school development that align with the vocational education development strategy to meet labor market requirements;
b) Organize vocational education and training programs according to the regulations of the Minister of Labor, Invalids, and Social Affairs;
c) Collaborate with vocational education institutions, higher education institutions, enterprises, and organizations both domestically and internationally as prescribed by law to exploit and mobilize social resources for vocational education training programs to enhance training quality, link training with employment and the labor market. The leading unit in the joint training program is responsible for issuing diplomas and certificates to students;
d) Collaborate and coordinate with higher education institutions to organize undergraduate education through part-time study and continuous education from intermediate level to advanced level up to undergraduate level according to the Higher Education Law and guiding documents;
đ) Coordinate with enterprises, production, business, and service establishments in developing curricula, textbooks, teaching materials, organizing lectures, practical guidance, internships, evaluating student learning outcomes; enhancing professional skills for teachers;
e) Organize general secondary education knowledge instruction for students who have completed junior high school graduation certificates studying at the intermediate level according to the Education Law and guiding documents;
g) Implement regular secondary education programs according to the law;
h) Decide on the establishment of subordinate organizations within the school and appoint, terminate, and remove managerial staff positions;
A public college establishes subordinate organizations within the school according to the organizational structure approved in the school's operational regulations; appoints, terminates, and removes managerial staff according to the law applicable to public service units, civil servant laws, and delegated management of civil servants;
A private college establishes subordinate organizations within the school according to the organizational structure approved in the school's operational regulations; decides on the appointment and removal of deputy principals and positions from department heads and equivalent levels downwards;
i) Organize professional training and vocational skill enhancement for vocational education teachers according to the regulations of the Minister of Labor, Invalids, and Social Affairs;
k) Organize activities for skill development and assessment according to government regulations;
l) Organize educational quality assurance activities according to government regulations;
m) Utilize income from training, science, technology, and service activities to invest in school infrastructure, fund training activities, supplement school finances, and other activities as prescribed by law;
n) Mobilize, accept donations, manage, and utilize funds raised and donated according to the law to carry out school activities;
o) Manage and use state assets according to the law on state asset management and utilization; manage and use financial resources according to the law;
p) Be assigned or leased land, assigned or leased facilities by the State; participate in bidding, ordering, or being tasked with public services funded by the state budget in the field of vocational education according to the law; enjoy tax and credit incentives according to the law;
q) Exercise other rights as prescribed by law.
Article 9. Autonomy and Accountability of Colleges
Colleges implement autonomy and accountability in accordance with Article 25 of the Vocational Education Law, relevant laws, and the following provisions:
1. Autonomy in Professional Activities
a) Colleges determine their goals, mission, strategy, and development plans;
b) Colleges establish and announce enrollment methods and quotas; decide on organizational and management methods for training, training formats; decide on joint training with domestic vocational education institutions meeting legal requirements; decide on inter-level vocational education training; enroll students and manage learners; develop training programs; organize the compilation or selection of teaching materials suitable for each training program's educational objectives; print blank diplomas and certificates, manage and issue diplomas and certificates to learners according to the regulations of the Minister of Labor, Invalids, and Social Affairs;
c) Public colleges may flexibly adjust annual enrollment scales for vocational training fields specified in their vocational education activity registration certificates and supplementary registration certificates according to government regulations;
d) Public colleges that self-fund recurrent and investment expenditures have professional autonomy according to government regulations;
đ) Private colleges independently organize vocational education activities, build and develop faculty members according to legal regulations;
e) Colleges implement scientific research and international cooperation activities according to their development strategies and plans, ensuring the quality of training;
g) Colleges select organizations to assess the quality of vocational education to evaluate the quality of their vocational education;
h) Colleges exercise other professional autonomies as prescribed by law;
2. Autonomy in Organizational Structure and Personnel
a) Public colleges exercise autonomy in organizational structure and personnel according to regulations on establishing, restructuring, and dissolving public service units; on the number of employees and job positions in public service units; they have autonomy in organizational structure and personnel to fulfill professional tasks but must not increase the number of employees receiving salaries from the state budget or salary levels (including both basic pay and allowances);
b) Private colleges exercise autonomy in organizational structure, building, and developing faculty members;
c) Colleges establish and promulgate internal rules governing organization and operations; define functions and responsibilities of affiliated organizations;
d) Colleges promulgate grassroots democracy regulations; establish and implement internal regulations concerning organizational structure and personnel;
3. Autonomy in Finance and Assets
a) Public colleges exercise autonomy in finance and assets according to regulations on financial autonomy mechanisms for public service units;
b) Private colleges exercise autonomy in finance and assets; independently mobilize, utilize, and manage resources to achieve vocational education objectives according to legal regulations;
c) Colleges develop and implement internal expenditure regulations, asset usage regulations, financial transparency regulations, and internal auditing regulations as prescribed;
4. Accountability
Colleges are responsible for publicly disclosing and explaining to competent state agencies, learners, and society (excluding information classified as state secrets) the following contents:
a) Announce publicly on the college's electronic information website the following contents:
||| Objectives, training programs, job positions after graduation; forms of training, organizational plans for training; plans for organizing admissions; annual number of students admitted each year by major and trade; conditions to ensure teaching and learning quality.
||| Tuition fees, exemptions and reductions in tuition fees, scholarships, service fee collection levels, and other income from students for each academic year and projected for the entire course of study.
||| The system of diplomas and certificates of the school; list of students awarded diplomas and certificates annually; percentage of graduates who find employment.
||| Results of educational quality assessment and measures for monitoring and supervising training quality.
||| Organizational structure, legal representative, internal regulations and rules of the school.
||| b) Commitment to state management agencies and responsibility for all aspects of operations to fulfill commitments; not allowing any individual or organization to exploit the name and facilities of the school to conduct activities contrary to laws and this Circular;
||| c) Having mechanisms for students, teachers, and society to participate in evaluating the school's training quality;
||| d) Publicly announcing admission quotas, majors and trades for admission, level of education; publicly disclosing conditions to ensure the organization of vocational education activities for each major and trade specified in the certificate of registration for vocational education activities and supplementary registration for vocational education activities (if applicable); publicly disclosing diplomas and certificates issued to students on the Diploma Information Search Website www.vanbang.gdnn.gov.vn. Implementing financial reporting systems as prescribed and publicly disclosing them on the school's website;
||| đ) Reporting and explaining matters related to inspections and audits as required by competent authorities.
Chapter II. ||| ORGANIZATION AND MANAGEMENT OF COLLEGES
||| Article 10. Organizational structure, establishment, cessation of operations, dissolution of college organizations
||| 1. The organizational structure of colleges includes:
||| a) School council for public colleges, board of directors for private colleges;
||| b) President, vice presidents;
||| c) Departments or specialized units;
||| d) Faculties, subjects;
||| đ) Advisory councils;
||| e) Research and technology organizations; practical bases, organizations serving training, research, and application; production, business, and service bases (if any). The establishment and operation of these units shall be carried out in accordance with the provisions of the law;
||| g) Branches (if any).
||| 2. The establishment and cessation of branch operations of colleges shall be implemented in accordance with the Government's regulations.
||| 3. The establishment and dissolution of subordinate organizations of colleges; organizational structures, tasks, and powers of each organization shall be implemented in accordance with the provisions of the law, this Circular, and stipulated in the school's organizational and operational regulations.
||| Article 11. School Council
||| 1. The school council is established at public colleges. The school council is a governing body representing the ownership rights of the school.
||| 2. The school council has duties and powers as prescribed in Clause 2 of Article 11 of the Vocational Education Law and the following provisions:
||| a) Proposing competent authorities to approve proposals for supplementing, dismissing, removing, or replacing members of the school council;
||| b) Approving resolutions on the number, structure of labor, job positions; recruitment, management, utilization, development of the teaching staff, administrative personnel, civil servants, and workers of the school;
||| c) Introducing candidates for the appointment process of the president and vice presidents; conducting annual evaluations of the performance of the president and vice presidents; proposing competent authorities to decide on termination of duties, dismissal of the president and vice presidents; organizing surveys of confidence in the president and vice presidents during their term or unexpectedly when necessary;
||| d) Requesting the president to explain issues that have not been implemented, implemented incorrectly, or incompletely according to the resolutions of the school council. If the school council disagrees with the president's explanation, it shall report to the school's managing authority;
||| đ) Regularly or unexpectedly reporting and explaining to the school's managing authority and the state management agency for vocational education on the implementation of the school council's duties and powers.
||| 3. Activities of the school council
||| a) The school council convenes regularly at least once every three months and meets unexpectedly upon written request from more than 30% of the total number of school council members or upon written request from the president or the chairperson of the school council.
||| A meeting of the school council is valid if at least 70% of the total number of school council members attend. The school council operates based on the principle of collective work and majority decision-making. Resolutions of the school council are valid if more than 50% of the total number of school council members agree. In case of equal votes, the final decision belongs to the side with the opinion of the chairperson of the school council. Meeting minutes and resolutions of the school council must be sent to school council members and the school's managing authority within ten working days from the date of the meeting or resolution approval.
||| b) The term of office of the school council is implemented as prescribed in Clause 5 of Article 11 of the Vocational Education Law. The school council may use the school's seal and organizational structure to carry out tasks within its functions, duties, and powers;
||| c) Delegation of management authority of the school council
||| When the chairperson of the school council cannot work during the period specified in the school's organizational and operational regulations, they must delegate in writing to one of the remaining school council members to assume the responsibilities of the chairperson. The delegation letter must be notified to school council members, sent to the school's managing authority, and publicly announced throughout the school. The delegation period shall not exceed six months.
4. The school council shall consist of an odd number of members, including a chairman, secretary, and other members. The composition of the school council shall be in accordance with the provisions of Clause 3, Article 11 of the Vocational Education Law.
In the case where a representative from a production, business, or service entity related to the school participates in the school council, they must meet the following requirements:
a) Engaging in scientific, technological, production, business, or service activities relevant to the functions and tasks of the school;
b) Not having a familial relationship (father, mother, spouse, child, brother, sister, or half-sibling) with other members of the school council.
5. The number and structure of school council members; the procedures and formalities for selecting members, electing the chairman and secretary of the school council must be stipulated in the charter governing the organization and operation of the school.
6. The chairman of the school council shall not be the rector and shall be elected from among the members of the school council based on the principle of majority vote, secret ballot, and receiving more than 50% of the total number of school council members' approval. The chairman of the school council has the following duties and powers:
a) Issuing the operational regulations of the school council after obtaining the approval of the supervising authority. The operational regulations of the school council shall primarily include: working schedules, procedures for handling matters by the school council; duties and powers of school council members; relationships between the school council and the rector, the secretary of the Party organization of the school; relationships between the school council and the supervising authority, local state management agencies for vocational education, and other agencies and units; reporting systems of the school council;
b) Summoning meetings of the school council;
c) Deciding on the meeting agenda, chairing meetings, and organizing voting at school council meetings;
d) Directing the school council to perform its duties and powers as prescribed in Clause 2, Article 11 of the Vocational Education Law and Clause 2 of this Article.
7. The criteria for the chairman of the school council shall be the same as those for the rector of a college as stipulated in Clause 2, Article 14 of the Vocational Education Law.
8. The secretary of the school council shall be proposed by the chairman of the school council from among the members of the school council and approved by the school council with more than 50% of the total number of school council members' agreement. The secretary of the school council shall not concurrently hold the position of rector or deputy rector, directly assisting the chairman of the school council in performing certain duties and powers as follows:
a) Summarizing and reporting to the chairman of the school council on the activities of the school council; preparing the meeting agenda, content, materials, sending meeting invitations, and serving as secretary for school council meetings; drafting, completing, and archiving school council documents;
b) Preparing reports and explanations for state management agencies and related agencies according to the functions and tasks of the school council;
c) Performing the duties of a school council member and other tasks assigned by the chairman of the school council.
9. School council members shall be responsible for performing tasks in accordance with the operational regulations of the school council, tasks assigned by the school council, and other tasks as prescribed in the charter governing the organization and operation of the school.
Article 12. Procedures for establishing the school council; replacing the chairman, secretary, and members of the school council
1. Procedures for establishing the first term school council
a) Determining the number and structure of school council members
The principal or the person in charge of managing, supervising, and operating the school shall organize and chair a meeting with the deputy principals, the secretary of the Party organization, the chairman of the Trade Union, the secretary of the Ho Chi Minh Communist Youth Union, representatives of teachers, and some departments, faculties, production, business, and service units of the school (if any) to determine the number and structure of school council members.
b) Organizations as prescribed in point a, Clause 3, Article 11 of the Vocational Education Law shall organize their own meetings to elect representatives to join the school council;
c) Propose relevant management agencies or production, business, and service units to appoint representatives to join the school council;
d) Electing the chairman and secretary of the school council: The election of the chairman and secretary of the school council shall be conducted by secret ballot;
đ) Based on the resolution of the meeting determining the number and structure of school council members, the meeting shall elect the chairman and secretary of the school council, and the principal or the person in charge of managing, supervising, and operating the school shall submit the application file according to the provisions of Clause 3 of this Article through online public services or by post or directly to the management agency of the school;
e) Within fifteen working days from the date of receiving all application files, the head of the management agency of the school shall decide to establish the school council. The decision to establish the school council must clearly state the positions of the members of the school council. In case of not deciding to establish the school council, there must be a reply letter stating the reasons.
2. Procedures for establishing the next term school council; replacing the chairman, secretary, and members of the school council during the term of operation
a) Three (3) months before the end of the term, the incumbent chairman of the school council shall carry out the following contents: Organize a meeting to determine the number and structure of school council members; propose organizations as prescribed in point a, Clause 3, Article 11 of the Vocational Education Law to organize their own meetings to elect representatives to join the school council; implement the provisions of point c and d, Clause 1 of this Article to propose the establishment of the next term school council.
In case there are changes in the chairman, secretary, or members of the school council during the term of operation, the incumbent school council shall organize a meeting and make a resolution on replacing the chairman, secretary, and members of the school council. When there are changes in the number of school council members, the incumbent school council shall request the management agency of the school to supplement and improve the school council to ensure the structure and composition as prescribed.
b) The incumbent school council shall submit the application file according to the provisions of Clause 3 and Clause 4 of this Article through online public services or by post or directly to the management agency of the school;
c) Within fifteen working days from the date of receiving all application files, the head of the management agency of the school shall decide to establish the next term school council according to the provisions of point e, Clause 1 of this Article or decide to replace the chairman, secretary, and members of the school council. In case of disagreement, there must be a reply letter stating the reasons.
3. The application file for establishing the school council consists of one set, including:
a) A document of the college proposing the establishment of the first term school council or a document of the school council proposing the establishment of the next term school council, detailing the selection process of school council members according to Form No. 01 The annex issued together with this Circular;
b) Documents appointing representatives to join the school council of organizations as prescribed in point a, Clause 3, Article 11 of the Vocational Education Law;
c) Documents appointing representatives to join the school council of the management agency of the school or documents appointing representatives to join the school council of related production, business, and service units;
d) Minutes of the meeting electing the school council according to Form No. 02 The annex issued together with this Circular;
đ) Copies of diplomas and certificates of the person proposed to hold the position of chairman of the school council.
4. The application file for replacing the chairman, secretary, and members of the school council consists of one set, including:
a) A document of the school council proposing to replace the chairman, secretary, and members of the school council according to Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives The annex issued together with this Circular;
b) Minutes of the school council meeting on replacing the chairman, secretary, and members of the school council according to Form number 04 The annex issued together with this Circular;
c) In case of replacing the chairman of the school council, a copy of the diploma and certificate of the person proposed to hold the position of chairman of the school council shall be supplemented.
Article 13. Removal and Dismissal of the Chairman, Secretary, and Members of the School Council
1. The chairman, secretary, and members of the school council are civil servants or public officials
The chairman, secretary, and members of the school council who have decisions to cease holding their positions, removal, or dismissal according to personnel decisions shall have the school council propose to the managing authority of the school to decide on removal or dismissal within the school council.
2. The chairman, secretary, and members of the school council are not civil servants or public officials
a) The chairman, secretary, and members of the school council shall be removed if they fall under any of the following circumstances: There is a written request from an individual to withdraw from the school council; they are restricted in their capacity for civil acts; their health does not meet the ability to handle assigned work, having had to take leave for treatment for more than six months without recovery of working capacity; more than 50% of the total number of members of the school council make a written request for removal; they violate regulations to the extent that removal is required as stipulated in the charter of organization and operation of the school;
b) The chairman, secretary, and members of the school council shall be dismissed if they fall under any of the following circumstances: Using illegal documents to obtain appointment; failing to complete management and operational tasks as assigned without justifiable reasons resulting in serious consequences; being sentenced to imprisonment, suspended sentence, or non-custodial correction; violating laws on anti-corruption, thrift, waste prevention, gender equality, social evil prevention at a severe level; violating regulations to the extent that dismissal is required as stipulated in the charter of organization and operation of the school;
c) The school council examines and decides on the removal and dismissal of the chairman, secretary, and members of the school council; submits the dossier through online public service or postal service or directly to the managing authority of the school;
d) The dossier proposing removal and dismissal of the chairman, secretary, and members of the school council consists of one set, including:
The school council's document proposing removal and dismissal of the chairman, secretary, and members of the school council, clearly stating the reasons for removal and dismissal according to Form number 05 The appendix issued together with this Circular and related documents and papers proving the matter;
The minutes of the school council meeting regarding the removal and dismissal of the chairman, secretary, and members of the school council according to Form number 06 The appendix issued together with this Circular;
3. In case the chairman of the school council is removed or dismissed, the incumbent school council shall submit a dossier requesting the establishment of a new chairman of the school council to continue performing the duties of the chairman of the school council.
4. Within fifteen working days from the date of receiving the complete dossier proposed by the school council, the head of the managing authority of the school shall decide on the removal and dismissal of the chairman, secretary, and members of the school council. In case of not removing or dismissing, a written response must be given and the reasons must be clearly stated.
Article 14. Board of Directors
1. The board of directors is established in private college with two (2) members (individuals or organizations) contributing capital or more. The board of directors is the sole representative organization for the owner of the school.
For private colleges owned by one (1) member (individual or organization), the owner member of the school shall be responsible for performing the tasks and powers as prescribed in Clause 2 of this Article.
2. The board of directors performs tasks and powers as prescribed in Clause 2 of Article 12 of the Vocational Education Law and the following provisions:
a) Proposing programs, preparing materials to serve the regular or extraordinary general shareholders' meetings according to the charter of organization and operation of the school;
b) Approving regulations on the quantity, structure of labor, job positions; recruitment, management, utilization, and development of the teaching staff, managerial staff, and workers of the school;
c) Building and submitting to the general shareholders' meeting for approval the investment strategy, development plan for infrastructure, and internal financial regulations of the school;
d) Approving the training development strategy and plan, scientific research, international cooperation proposed by the rector;
đ) Resolving on the construction, amendment, supplementation of the charter of organization and operation of the school; approving the charter of organization and operation of the school after it has been approved by the general shareholders' meeting on relevant financial regulations;
e) Proposing the Minister of Labor, Invalids, and Social Affairs to decide on recognizing or ceasing recognition of the rector;
g) Deciding on the appointment and removal of deputy rectors;
h) Building annual activity reports and financial settlement of the school and submitting them to the general shareholders' meeting for approval;
i) Regularly or exceptionally reporting and explaining about activities and the implementation of commitments of the school with state management agencies, related parties upon request.
3. Activities of the board of directors
a) The board of directors meets regularly once every three (3) months. Emergency meetings are organized by the chairman of the board of directors but must be agreed by at least 30% of the total number of board of directors members;
b) The board of directors operates based on the principle of collective work, deciding by majority;
c) A board of directors meeting is valid when at least 70% of the total number of board of directors members attend;
d) The notice inviting the board of directors to meet must include the agenda, content, and materials serving the meeting and must be sent to the board of directors members via guaranteed mail or express mail, with confirmation signatures of the recipients at least five (5) days before the meeting;
đ) The resolution of the board of directors is passed by voting at the meeting according to the principle that each board of directors member is one vote, the resolution is valid when more than 50% of the total number of board of directors members agree. In case of equal votes, the final decision belongs to the side with the opinion of the chairman of the board of directors. Within ten (10) working days from the date the board of directors resolution is passed, the resolution must be sent to the board of directors members.
e) Within ninety days from the date the board's resolution is approved, shareholders and board members have the right to petition the competent authority to review and revoke the board's resolution in any of the following cases:
The meeting of the board was not conducted in accordance with the provisions set out in points a, b, c, d, and đ of this clause.
The content of the board's resolution violates the law or breaches the organizational and operational regulations of the institution.
g) The term of office of the board shall be implemented in accordance with the provisions of Clause 5, Article 12 of the Vocational Education Law. The Chairman of the Board has the right to use the organizational structure and seal of the institution within the scope of the board's functions and duties and to sign documents, resolutions, and decisions of the board.
h) Delegation of management authority to the board
In the event that the Chairman of the Board is absent for a period specified in the institutional organizational and operational regulations, they must delegate their responsibilities to one of the other board members during their absence. The delegation must be made in writing, notified to all board members, publicly announced throughout the institution, and sent to the General Department of Vocational Education for monitoring. The delegation period shall not exceed six months.
4. The board shall consist of an odd number of members including the chairman, secretary, and other members. The composition of the board shall be as stipulated in Clause 3, Article 12 of the Vocational Education Law.
5. The number and structure of board members; the procedures and formalities for selecting members, electing the chairman and secretary of the board must be specifically defined in the institutional organizational and operational regulations.
6. The Chairman of the Board is a shareholder, elected among the board members according to the principle of majority vote by secret ballot and must obtain more than 50% of the total number of board members' approval. The Chairman of the Board shall have the following tasks and powers:
a) As the account holder, he/she is responsible under the law for the entire financial management and property of the institution. The Chairman of the Board may delegate the principal account holder role to the school principal, who will exercise the rights and obligations of the account holder within the scope of the delegation.
b) To develop the program and plan of activities of the board; prepare the agenda, content, and materials for board meetings; convene and chair board meetings; organize the adoption and be primarily responsible for the board's resolutions; supervise the implementation process of the board's resolutions; chair the general assembly of shareholders.
c) To manage the board in performing its tasks and powers as prescribed in Clause 2 of this Article.
d) To submit to the Minister of Labor, Invalids, and Social Affairs for decision on recognizing and removing recognition of the school principal.
đ) To decide on the appointment and removal of deputy principals.
e) Other tasks and powers as prescribed in the institutional organizational and operational regulations.
7. The Secretary of the Board shall be proposed by the Chairman of the Board from among the board members and approved by the board with more than 50% of the total number of board members' approval. The Secretary of the Board directly assists the Chairman of the Board in performing certain tasks and powers as follows:
a) To compile and report to the Chairman of the Board on the activities of the board; prepare the agenda, content, and materials for board meetings; send meeting invitations and serve as secretary for board meetings; draft, complete, and archive board documents.
b) To prepare reports and explanations to state management agencies, the general assembly of shareholders, and related agencies in accordance with the board's functions and duties.
c) To perform the tasks of a board member and other tasks assigned by the Chairman of the Board.
8. Board members are responsible for performing tasks assigned by the board and other tasks as prescribed in the institutional organizational and operational regulations.
Article 15. Procedures for recognizing the board of directors; replacing the chairman, secretary, members of the board of directors, or terminating the operation of the board of directors during its term
1. Procedures for recognizing the first term board of directors
a) Determining the number and structure of board of directors members
The legal representative of the member named to establish the school convenes and chairs a meeting including: Members of the founding committee, capital contributors to determine the number and structure of board of directors members.
b) Proposing the Department of Labor - Invalids and Social Affairs where the school's main office or related production, business, service facility is located to appoint representatives to join the board of directors;
c) Party organizations, mass organizations, and teaching staff within the school organize their own meetings to elect representatives to join the board of directors;
d) Electing the chairman and secretary of the board of directors: The election of the chairman and secretary of the board of directors is conducted by secret ballot;
đ) The legal representative of the member named to establish the school submits the dossier according to Clause 3 of this Article through online public services or by post or directly to the Vocational Education Administration;
e) Within fifteen working days from the date of receiving the complete dossier requesting recognition of the private college board of directors, the Director of the Vocational Education Administration decides to recognize the board of directors of the school. The decision to recognize the board of directors must clearly state the positions of the members of the board of directors. In case of non-recognition, a written response with clear reasons must be provided.
2. Procedures for recognizing the subsequent term board of directors; replacing the chairman, secretary, members of the board of directors, or terminating the operation of the board of directors during its term
a) Three months before the end of the term, the incumbent chairman of the board of directors implements the following contents: Organizing a meeting to determine the number and structure of board of directors members; proposing party organizations, mass organizations, and teaching staff within the school to organize their own meetings to elect representatives to join the board of directors; implementing the provisions at point b and d of Clause 1 of this Article to request recognition of the subsequent term board of directors.
In cases where there are changes in the chairman, secretary, members of the board of directors during the term of operation, or if there is a change in the number of capital contributors from multiple to a single contributor, the incumbent board of directors organizes a meeting and makes a resolution on replacing the chairman, secretary, members of the board of directors; the sole owner of the school proposes to terminate the operation of the incumbent board of directors.
b) The incumbent board of directors prepares the dossier to request recognition of the subsequent term board of directors according to Clause 3 of this Article, the dossier to request replacement of the chairman, secretary, members of the board of directors according to Clause 4 of this Article; the sole owner of the school prepares the dossier to request termination of the operation of the board of directors according to Clause 5 of this Article. The dossier is submitted through online public services or by post or directly to the Vocational Education Administration for consideration and decision;
c) Within fifteen working days from the date of receiving the complete dossier, the Director of the Vocational Education Administration decides to recognize the board of directors according to point e of Clause 1 of this Article; decides to replace the chairman, secretary, members of the board of directors; decides to terminate the operation of the board of directors. In case of disagreement, a written response with clear reasons must be provided.
3. The dossier to request recognition of the board of directors consists of one set, including:
a) A document from the legal representative of the member named to establish the school for the request to recognize the first term board of directors, and from the board of directors for the request to recognize the subsequent term board of directors, clearly stating the process of determining the board of directors members according to Form No. 07 The annex issued together with this Circular;
b) A document appointing representatives to join the board of directors from the Department of Labor - Invalids and Social Affairs where the school's main office is located or a document appointing representatives to join the board of directors from related production, business, service facilities;
c) A document appointing representatives to join the board of directors from the organizations specified at point a of Clause 3 of Article 11 of the Vocational Education Law;
d) Minutes of the meeting to elect the board of directors according to Form No. 08 The appendix issued together with this Circular;
4. The dossier to request replacement of the chairman, secretary, members of the board of directors consists of one set, including:
a) A document requesting replacement of the chairman, secretary, members of the board of directors according to Form No. 09 The annex issued together with this Circular;
b) Minutes of the board of directors meeting regarding the replacement of the chairman, secretary, members of the board of directors according to Form No. 10 The appendix issued together with this Circular;
5. The dossier to request termination of the operation of the board of directors consists of one set, including: A document from the sole owner of the school requesting termination of the operation of the board of directors according to Form No. 11 The annex issued together with this Circular and related documents concerning the transfer of capital.
Article 16. Rector of a College
1. Role and Position of the Rector of a College
a) The rector of a college is the head of the college, representing the college before the law, responsible for managing all activities of the college;
b) The rector of a college is the person who directs the organizational structure of the college;
c) The term of office of the rector is five years;
d) The rector of a public college is appointed and reappointed according to terms and not more than two consecutive terms;
đ) The rector of a public college is the account holder, responsible under the law for all financial and property work of the college;
e) The rector of a private college shall not be a civil servant or public official;
2. The rector of a college must meet the standards prescribed in Clause 2, Article 14 of the Vocational Education Law;
3. The rector of a college has duties and powers as prescribed in Clause 3, Article 14 of the Vocational Education Law and the duties and powers prescribed in Clauses 4 and 5 of this Article;
4. The rector of a college has the following duties:
a) To develop strategies and plans for training development, implement scientific and technological tasks, and international cooperation of the college, submitting them to the college council for approval in public colleges or to the board of directors for approval in private colleges;
b) To manage physical facilities, assets, and finances of the college and organize the effective exploitation and utilization of mobilized resources to serve vocational education activities in accordance with the law;
c) To establish regulations on the number, labor structure, job positions, recruitment, management, use, and development of teaching staff, managers, officials, and workers, submitting them to the college council and competent authority for approval in public colleges or to the board of directors for approval in private colleges;
d) To annually organize the evaluation and classification of teaching staff, managers, officials, and workers in accordance with the regulations;
đ) To implement resolutions of the college council and board of directors; to exchange with the chairman of the college council or board of directors and agree on a solution in accordance with the law if a resolution violates the law and affects the overall operation of the college. In case of disagreement on the solution, the rector reports to the competent authority of the college for public colleges or the General Department of Vocational Education for private colleges;
e) To constantly care for improving working, teaching, and learning conditions for teaching staff, managers, officials, workers, and students at the college;
g) To organize and direct the establishment of a safe and friendly educational environment; ensuring political security and social order and safety within the college;
h) To implement democratic regulations in the college; to implement state policies for teaching staff, managers, officials, workers, and students in the college in accordance with the regulations;
i) To timely and fully comply with periodic and ad hoc reporting systems as prescribed by law and the requirements of competent authorities;
k) To perform other tasks as prescribed by law;
5. The rector of a college has the following powers:
a) To decide on measures to implement the policies, tasks, and powers of the college as prescribed in Article 8 and Article 9 of this Circular;
b) Decisions to establish specialized and vocational departments, laboratories, and subordinate organizations of the school according to the organizational structure of the school that has been approved in the school's operational regulations as stipulated at Article 10 of this Circular;
c) Decisions to appoint, terminate, and remove directors and deputy directors of departments and subordinate organizations of public vocational colleges according to the management level of civil servants; decisions to appoint and remove directors and deputy directors of departments and subordinate organizations of private vocational colleges;
d) Recruitment, management, and effective utilization of the teaching staff, managerial personnel, civil servants, and workers of the school in accordance with the law; decisions to enter into employment contracts and labor contracts for teachers, managerial personnel, and workers in accordance with the laws on civil servants and labor;
đ) Enter into training, supplementary, and professional development contracts for students in accordance with the law;
e) Enter into leasing, joint venture, and collaboration contracts with other vocational education institutions, production, business, and service entities in educational activities, supplementary training, and professional development; research and application of scientific topics on vocational education, testing, applying, and transferring new technologies to serve economic and social development of ministries, sectors, localities, or production, business, and service organizations in accordance with the law;
g) Decisions on rewarding and disciplining teachers, managerial personnel, civil servants, workers, and students within the scope of authority delegated for management;
h) Decisions to establish and dissolve advisory boards of the school;
i) Issuing college diplomas, intermediate diplomas, primary certificates, and training certificates for students in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs;
k) Issuing certificates confirming the completion of secondary school cultural knowledge requirements for students who have graduated from junior high school and completed and passed the required secondary school cultural knowledge after studying at the intermediate level, in accordance with the Education Law and implementing guidelines;
l) Considering the opinions of advisory boards before making decisions. In cases where the head disagrees with the content of the advisory board, the head may make a decision, bear individual responsibility for the decision, and report to the school council for public vocational colleges or to the board of directors for private vocational colleges at the nearest council meeting;
m) Organizing self-inspection, examination, and quality assessment activities in vocational education in accordance with the law. Compliance with recommendations and decisions on inspection, examination, and quality assessment of vocational education by authorized agencies and organizations;
n) Enjoying benefits as prescribed;
Article 17. Procedures and Authority for Appointing Principals of Public Vocational Colleges
1. The dossier, procedure, and process for appointing principals of public vocational colleges shall be carried out in accordance with the laws on civil servants.
2. The authority to appoint principals of public vocational colleges shall be implemented in accordance with Point a, Clause 4, Article 14 of the Vocational Education Law.
Article 18. Procedures and Authority for Recognizing Principals of Private Colleges
1. Nomination of Principal Candidates
The Board of Directors or the sole owner of the school, based on the principal standards stipulated in Clause 2, Article 14 of the Vocational Education Law, selects and prepares the dossier according to the provisions of Clause 2 of this Article to submit through online public services, postal service, or directly to the General Department of Vocational Education.
2. Dossier for Requesting Recognition of Principal of Private College
a) A document from the Board of Directors or the sole owner of the school requesting recognition of the principal in accordance with Form No. 12 The annex issued together with this Circular;
b) Minutes of the Board of Directors meeting proposing the recognition of the principal in accordance with Model Number 13 The annex issued together with this Circular;
c) Copies of diplomas and training certificates of the person proposed to be recognized as principal.
3. Decision on Recognition of Principal of Private College
Within fifteen working days from the date of receiving the complete dossier for recognizing the principal of private college, the General Department of Vocational Education will submit to the Minister of Labor, Invalids, and Social Affairs for a decision on recognizing the principal of private college. In case of non-recognition, there must be a reply document stating the reasons.
Article 19. Resignation, Removal, Dismissal, and Withdrawal of Recognition of Principal of College
1. For Principals of Public Colleges
The dossier, procedures, and processes for resignation, removal, and dismissal of principals of public colleges shall be carried out in accordance with the laws on civil servants.
2. For Principals of Private Colleges
a) The withdrawal of recognition of the principal of private colleges is regulated in the organizational and operational regulations of the school;
b) The Board of Directors or the sole owner of the school reviews, makes decisions, and prepares the dossier according to the provisions of Clause 3 of this Article to submit through online public services, postal service, or directly to the General Department of Vocational Education.
When submitting the dossier for requesting withdrawal of recognition of the principal of private colleges, the Board of Directors or the sole owner of the school simultaneously submits the dossier for requesting recognition of a new principal to replace the one requesting withdrawal of recognition.
c) Within fifteen working days from the date of receiving the complete dossier for withdrawing recognition of the principal of private colleges, the General Department of Vocational Education will submit to the Minister of Labor, Invalids, and Social Affairs for a decision on withdrawing recognition of the principal of private colleges. In case of not deciding to withdraw recognition, there must be a reply document stating the reasons.
3. Dossier for Requesting Withdrawal of Recognition of Principal of Private College
a) A document from the Board of Directors or the sole owner of the school requesting withdrawal of recognition of the principal in accordance with Model No. 14 The annex issued together with this Circular;
b) Minutes of the Board of Directors meeting proposing withdrawal of recognition of the principal in accordance with Model Number 15 The appendix issued together with this Circular;
Article 20. Deputy Principals of Colleges
1. Deputy principals of colleges assist the principal in managing and directing the activities of the institution.
2. Deputy principals of colleges must meet the following criteria:
a) Good moral character and ethics;
b) At least three years of teaching experience or participation in vocational education management and have management capabilities;
c) Hold a bachelor's degree or higher;
d) Be in good health;
đ) Deputy principals of public colleges must meet the criteria and conditions for appointing leadership and management civil servants as prescribed by the laws on civil servants;
e) For deputy principals responsible for training, the appointment and recognition criteria are the same as those for principals.
3. Duties and Authorities of Deputy Principals:
a) Directly oversee areas of work assigned by the principal and handle other tasks delegated by the principal;
b) When handling tasks assigned or delegated by the principal, deputy principals can act on behalf of the principal and are responsible to the principal and the law for the results of the assigned or delegated tasks; they must report to the principal about the implementation of the assigned tasks.
4. Term of Office of Deputy Principals is five years.
5. Dossier, Procedures, and Processes for Appointing, Recognizing, Resignation, and Removal of Deputy Principals:
a) Dossier, procedures, and processes for appointing and removing deputy principals of public colleges shall be carried out in accordance with the laws on civil servants;
b) Dossier, procedures, and processes for appointing and removing deputy principals of private colleges are specifically defined in the organizational and operational regulations of the school. The Chairman of the Board of Directors has the authority to appoint and remove deputy principals of private colleges.
Article 21. Advisory Board
1. The Advisory Board at the college shall be established by the Rector to provide advice on certain necessary tasks related to the implementation of the Rector's duties and powers. The Advisory Board operates on a case-by-case basis and does not receive remuneration.
2. Members of the Advisory Board may include individuals within the institution and external members who are active in fields relevant to the activities for which the Rector requires advice.
3. The establishment, organization, functions, and powers of the Advisory Board shall be decided by the Rector and must be specifically stipulated in the organizational and operational regulations of the college.
Article 22. Departments and Disciplines Subordinate to the College
1. Based on its functions, scale, training programs, and majors, the Rector decides to establish departments and disciplines subordinate to the college according to the organizational structure approved in the organizational and operational regulations of the college as prescribed in... Article 10 of this Circular.
2. Departments and disciplines subordinate to the college have the following responsibilities:
a) Managing teachers, administrative staff, civil servants, workers, and students under their jurisdiction as classified by the Rector;
b) Implementing teaching plans, learning schedules, and extracurricular activities according to the annual teaching plan of the college as prescribed by the Minister of Labor, Invalids, and Social Affairs, including:
Developing training programs; compiling training materials, textbooks, and learning resources for each major and level of training under their management or assigned by the Rector.
Organizing the detailed outline of courses and modules to ensure consistency and avoid overlap between courses and modules in the training program or between different levels of training.
Organizing training, research, and innovation in teaching methods; applying information and communication technology in teaching to improve training quality.
Establishing and implementing assessment methods for student academic performance and discipline, ensuring the agreed-upon standards for graduates and meeting labor market demands.
c) Planning and organizing scientific and technological activities, international cooperation; collaborating with scientific and technological organizations, production, business, and service providers related to their training programs and mobilizing enterprise participation in the training process.
d) Developing plans for teacher workforce development, training programs, and facilities for training and scientific research; enhancing conditions to ensure training quality; conducting experimental activities, scientific research, and applying techniques and technologies in the training process.
đ) Developing plans and organizing political, ideological, moral, and lifestyle education for teachers, administrative staff, civil servants, workers, and students; planning to enhance professional skills for teachers, administrative staff, and civil servants within the department.
e) Conducting evaluations of teachers, administrative staff, civil servants, and workers within the department and participating in evaluations of administrative staff within the college as stipulated by the college.
g) Effectively managing and utilizing training facilities according to the Rector's regulations; proposing and developing plans to supplement and maintain training equipment for the department.
h) Implementing reporting systems as prescribed by the Rector.
3. Heads of Departments and Disciplines, Deputy Heads of Departments and Disciplines
a) Departments and disciplines subordinate to the college have heads and may have deputy heads. The appointment, removal, and dismissal of heads and deputy heads are regulated by law and specified in the organizational and operational regulations of the college.
b) The head of the department or discipline is responsible for managing and directing the activities of the department or discipline according to the tasks stipulated in Clause 2 of this Article and as delegated by the Rector.
c) Deputy heads assist the head in managing and directing the activities of the department or discipline. The number of deputy heads depends on the assigned functions and the scale of training of the department or discipline and the college and is specified in the organizational and operational regulations of the college.
4. Requirements for Heads and Deputy Heads of Departments and Disciplines
a) Good moral character and ethics;
b) At least two years of experience in training management, teaching, and scientific research, and management capability.
c) The head of the department or discipline must hold a bachelor's degree or higher in a field relevant to the training program of the department or discipline.
d) Meet the criteria for a college-level teaching staff member.
đ) Be in good health.
e) The head and deputy head of a public college must meet the criteria and conditions for appointing managerial civil servants as prescribed by law.
5. Department Council
a) The Department Council is established to advise the head of the department on implementing the tasks stipulated in Clause 2 of this Article; advising on innovative training management and scientific research, and technology transfer in the department.
b) The Department Council has a chairman and members appointed by the Rector based on the head of the department's proposal. The Department Council has an odd number of members, with a minimum of five, including: the head of the department, deputy heads, heads of disciplines, teachers within the department, and external members (if necessary) with qualifications and experience relevant to the department's specialty.
c) The chairman of the Department Council is elected from among the council members through a secret ballot and must receive more than 50% of the total votes from the list of council members.
d) The academic council shall convene at least once per semester, convened by the chairperson of the academic council. The content of the meeting must be notified to all members of the academic council at least 03 (three) days prior to the date of the meeting; the academic council meeting is valid when at least 70% of the total number of members attend; the conclusion of the academic council meeting becomes effective when more than 50% of the total number of members on the list of the academic council vote in agreement. The minutes of the academic council meeting must be submitted together with the corresponding proposals of the department head when presenting to the rector for consideration and decision on issues related to personnel organization, training activities, science and technology of the department;
đ) The number of members and procedures for selecting members, the organization and operation of the academic council are specifically regulated in the charter of the organizational and operational regulations of the school.
Article 23. Departments under the Department
1. The establishment of departments under the department is decided by the rector.
2. The organization and operation of departments under the department; the appointment, removal from office, and dismissal of the heads and deputy heads of departments under the department are specifically regulated in the charter of the organizational and operational regulations of the school.
Article 24. Functional Departments
1. Functional departments have the responsibility to advise and assist the rector in managing, summarizing, proposing opinions, organizing the implementation of the main tasks of the school such as: Training, administrative management, governance, organizational cadre management, summary, scientific research, international cooperation, student management, financial management, equipment and basic construction management, legal - inspection, quality assurance and control.
The rector decides to establish functional departments according to the organizational structure of the school that has been approved in the charter of the organizational and operational regulations of the school.
2. Heads and Deputy Heads of Functional Departments
a) Functional departments have a head and deputy head. The head and deputy head are appointed, removed from office, and dismissed by the rector according to the regulations and are specifically regulated in the charter of the organizational and operational regulations of the school;
b) The head is responsible for managing and directing the activities of the department according to the tasks stipulated in Clause 1 of this Article and according to the assignment of the rector;
c) The deputy head assists the head in managing and directing the activities of the department. The number of deputy heads depends on the functions, tasks, workload assigned, and the scale of training of the school and is specifically regulated in the charter of the organizational and operational regulations of the school.
3. The head and deputy head must ensure the following standards:
a) Good moral character and ethics;
b) Having at least 02 years of experience in management or teaching and having management capabilities;
c) Holding a bachelor's degree or higher that is suitable for the functions and tasks of the department. Specifically, the head of the training management, science and technology department must hold a master's degree or higher;
d) Be in good health;
đ) The head and deputy head of public college must meet the criteria and conditions for appointing civil servant leaders and managers as prescribed by the law on civil servants.
Article 25. Scientific and Technological Organizations; Practical Bases, Training Service Organizations, Research; Production, Business, Service Bases
1. A college may establish affiliated organizations to serve training activities such as: Library; scientific research center; technical and technological application center; business cooperation center; practical workshop; tradition room; club; cultural and sports house; dormitory and dining hall.
2. A college may establish enterprises, practical bases, production, business, and service bases to create conditions for students and teachers of the college to practice and intern to enhance their knowledge and skills. The establishment of enterprises, practical bases, production, business, and service bases and the organization of practical, internship, production, business, and service activities of the college shall be carried out in accordance with the provisions of the law.
3. The organizations specified in Clause 1 and Clause 2 of this Article shall not have the function of issuing diplomas and certificates.
4. The establishment, dissolution, functions, tasks, organizational structure, and activities of the organizations specified in Clause 1 and Clause 2 of this Article shall be decided by the rector according to the resolution of the college council for public colleges or the board of directors for private colleges, relevant laws, and are specifically regulated in the charter of the organizational and operational regulations of the school.
Article 26. Organizations of the Communist Party of Vietnam, mass organizations, and social organizations
1. The organization of the Communist Party of Vietnam in colleges operates according to the Charter of the Communist Party of Vietnam and the provisions of the Constitution and laws.
2. Mass organizations and social organizations in colleges operate according to the provisions of the Constitution and laws, their charters, and have the responsibility to contribute to achieving vocational education goals.
Chapter III. ORGANIZATION OF TRAINING ACTIVITIES
Section 1. TRAINING ACTIVITIES
Article 27. Fields of training and class organization
1. Colleges are permitted to train fields and professions at the college level, intermediate level, and basic level in accordance with the Government's regulations on investment conditions and activities in the vocational education sector. They implement regular training programs as stipulated in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law based on labor market demands.
2. The organization of classes for training programs under vocational education is carried out in accordance with the regulations of the Minister of Labor, Invalids, and Social Affairs.
Article 28. Training Programs and Textbooks
1. Based on the regulations of the Minister of Labor, Invalids, and Social Affairs regarding the minimum volume of knowledge, requirements for capabilities that students must achieve upon graduation for each field and profession at each training level; the procedures for developing, reviewing, and promulgating training programs at the college level, intermediate level, and basic level; regular training programs, colleges organize the compilation or selection and approval of training programs at the college level, intermediate level, and basic level for each field and profession and regular training programs for use as their own training programs.
2. Colleges must periodically review, update, and supplement training programs, textbooks, teaching materials, and learning resources to be consistent with production, business, and service technology.
3. Colleges organize the compilation or selection of textbooks; approve textbooks for use as teaching and learning materials. Training textbooks must specify the requirements for the content of knowledge and skills for each module, credit, and subject within the training program, creating conditions for the implementation of active teaching methods.
Article 29. Admissions, Organization, and Management of Training
1. Colleges independently determine admission quotas, develop annual admission plans based on direct human resource needs in production, business, and services of the industry and locality, and the training capacity of the institution.
2. Colleges can only organize admissions and training at the college level, intermediate level, and basic level after obtaining from the General Department of Vocational Education a certificate of registration for vocational education activities and a supplementary certificate of registration for additional vocational education activities (if applicable).
3. Colleges organize and manage vocational education training according to training objectives and programs; implement interconnection and collaborative training; organize for students to study, practice, and intern at enterprises in accordance with the content of the training program as prescribed by the Minister of Labor, Invalids, and Social Affairs.
Training organizations for practical training in health-related fields and training for special fields are organized in accordance with government regulations.
4. Colleges organize and manage the training process for joint training programs with foreign countries in accordance with government regulations on cooperation and investment with foreign countries in the vocational education sector.
5. Colleges collaborate with higher education institutions to organize undergraduate training through part-time study, and organize sequential training from intermediate level and college level up to undergraduate level in accordance with the Higher Education Law and guiding documents.
6. Colleges provide secondary general education curriculum knowledge for students who have completed junior high school and are studying at the intermediate level in accordance with the Education Law and guiding documents. Implement secondary general education programs when authorized by competent state management agencies for education.
7. Colleges collaborate and coordinate with vocational education and regular education centers, regular education centers to organize the teaching of secondary general education programs in accordance with the Education Law and guiding documents.
Article 30. System of ledgers and management forms for vocational education activities; examination, testing, assessment of learning outcomes, and graduation recognition
1. Colleges shall use the system of ledgers and management forms for training programs under vocational education as prescribed by the Minister of Labor, Invalids, and Social Affairs.
2. Colleges shall implement examination, testing, assessment of learning outcomes, discipline, moral cultivation, and participation in social activities of students; organize examinations, testing, and graduation recognition for students in vocational education training programs as prescribed by the Minister of Labor, Invalids, and Social Affairs.
Article 31. Issuance and management of college graduation certificates, intermediate-level graduation certificates, primary-level certificates, training certificates, and certificates of completion
1. Colleges shall manage and issue college graduation certificates, intermediate-level graduation certificates, and primary-level certificates to students upon completion of corresponding vocational education training levels; manage and issue training certificates to students upon completion of regular training programs (excluding regular training programs leading to college graduation certificates, intermediate-level graduation certificates, and primary-level certificates) as prescribed by the Minister of Labor, Invalids, and Social Affairs.
2. Colleges shall manage and issue certificates indicating the fulfillment of secondary school general knowledge requirements to students who have completed junior high school graduation certificates and are studying at the intermediate level at the college, after having studied and passed the required secondary school general knowledge as stipulated by the Education Law and related implementing regulations.
Article 32. Quality assurance of vocational education and training
1. Colleges shall perform tasks and responsibilities regarding quality assurance of vocational education as prescribed in Articles 67 and 69 of the Vocational Education Law.
2. Colleges shall be responsible for implementing quality assurance of vocational education, ensuring the quality of training provided by the institution and vocational training programs at the college, intermediate, and primary levels as prescribed.
Section 2. INTERNATIONAL COOPERATION ACTIVITIES
Article 33. Tasks and responsibilities of colleges in international cooperation activities
1. Implement forms of international cooperation in vocational education as prescribed in Article 47 of the Vocational Education Law.
2. Develop and implement short-term, medium-term, and long-term international cooperation strategies, plans, and programs of the institution in accordance with the objectives of international cooperation activities prescribed in Article 46 of the Vocational Education Law and the State's policies on international integration in vocational education.
3. Organize and effectively implement international cooperation programs and projects within their authority.
4. Conduct negotiations and sign cooperation agreements with foreign partners in accordance with the law.
5. Build databases and information systems on international cooperation activities.
Article 34. Management of international cooperation activities of colleges
1. Assign international cooperation management tasks to organizational units within the college that serve as focal points for implementing international cooperation tasks of the college.
2. Organize practical and effective international cooperation activities; conduct inspections, evaluations, and summaries of international cooperation activities of the institution.
3. Coordinate with relevant agencies to ensure security, public order, and social safety in international cooperation activities.
Chapter IV. TEACHERS, MANAGEMENT STAFF, FUNCTIONARIES, EMPLOYEES, AND STUDENTS IN COLLEGES
Section 1. TEACHERS, MANAGEMENT STAFF, CIVIL SERVANTS, AND WORKERS
Article 35. Teachers in Colleges
1. Teachers in colleges are referred to as lecturers. The title of lecturers in colleges is specified in Article 53 of the Vocational Education Law.
2. Professional standards; working conditions; standardization training and advanced training for teachers in colleges shall be implemented according to the provisions of the Minister of Labor, Invalids, and Social Affairs.
3. Colleges shall recruit, implement working conditions, train, standardize training, and advanced training in professional skills for teachers in accordance with the provisions of the Minister of Labor, Invalids, and Social Affairs and the provisions of the law.
Article 36. Duties and Rights of Teachers
Teachers in colleges shall perform duties and rights as stipulated in Article 55 of the Vocational Education Law and the following duties and rights:
1. Adhere to school regulations, internal rules, and provisions.
2. Implement the working condition regulations for vocational education teachers as prescribed by the Minister of Labor, Invalids, and Social Affairs.
3. Be assigned teaching in fields and trades they have been trained in; select teaching methods and tools to enhance personal capabilities, improve training quality and effectiveness; ensure equipment, tools, and working conditions to fulfill tasks as prescribed by law; receive information related to assigned duties and rights.
4. Enjoy salaries, allowances, subsidies, and other policies as prescribed by law; teachers in public colleges working in areas with particularly difficult economic and social conditions shall enjoy allowances and preferential policies as prescribed by law.
5. Receive training and advanced training in professional skills, political theory according to the plan and conditions of the school; participate in school management and supervision activities; participate in Party and mass organization work and social activities as prescribed by law.
6. Protect honor and dignity; participate in discussions and provide opinions on development plans, curriculum construction, teaching materials, teaching methods, organizational management of the school, and teachers' benefits; enjoy summer, holiday, Tet, weekly, and other leave days as prescribed by law. Attend meetings established by the school when these councils resolve issues related to students under their management and responsibility.
7. Sign guest lecturer contracts and scientific research at vocational education institutions and other educational institutions but must perform duties and rights stipulated in Articles 55 and 57 of the Vocational Education Law, this article, and ensure completion of assigned tasks.
8. Enjoy policies stipulated in Article 58 of the Vocational Education Law and other benefits as prescribed by law.
9. Teachers participating in science and technology activities shall enjoy rights as prescribed by the Science and Technology Law; teachers engaged in management in colleges who also teach shall enjoy teacher-related benefits as prescribed by law and lawful provisions of the college.
10. Participate in student management; participate in evaluating management staff, civil servants, workers, and contribute responsibly to the community.
11. Be subject to school supervision on teaching content, quality, methods, and implementation of scientific and technological tasks.
12. Complete other tasks assigned by the school, department, or faculty.
Article 37. Duties and Authorities of Management Staff, Civil Servants, and Workers
Management staff, civil servants, and workers performing management and service work at a college have the duty to strictly fulfill the tasks and responsibilities assigned to them; they enjoy benefits as prescribed by law and in their employment contracts or labor contracts.
Article 38. Recruitment and Utilization of Teachers, Management Staff, Civil Servants, and Workers
1. Teachers, management staff, civil servants, and workers engaged in teaching, management, and service work at public colleges shall be recruited in accordance with laws on civil servants and laws on labor.
2. Teachers, management staff, and workers engaged in teaching, management, and service work at private colleges shall be recruited in accordance with laws on labor.
3. The recruitment and utilization of teachers must be based on evaluations of their capabilities, professional ethics, work effectiveness, and relevant legal provisions.
Article 39. Evaluation and Classification of Teachers
1. The evaluation and classification of teachers shall be carried out in accordance with the Government's regulations on evaluating and classifying civil servants and the guidelines of the Minister of Labor, Invalids, and Social Affairs.
2. The evaluation and classification of teachers must reflect their actual professional qualifications, pedagogical abilities, vocational skills, scientific research, ethics, and conduct.
Section 2. STUDENTS
Article 40. Students in Colleges
Students in colleges as stipulated in Article 59 of the Vocational Education Law include: students of the college-level training program; students of the intermediate-level and basic-level training programs; and learners of the regular training programs specified in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law and students of the program specified in point d of Clause 1, Article 43 of the Education Law.
Article 41. Duties and Rights of Students
Students have duties and rights as prescribed in Article 60 of the Vocational Education Law and the following specific duties and rights:
1. Adhere to internal regulations, rules, and provisions of the college; maintain civilized and healthy lifestyles; participate in building, protecting, and promoting the traditions of the college.
2. Be entitled to shorten or extend the duration of the program according to legal provisions; be entitled to retain academic results according to legal provisions.
3. Study and train according to the training program or contract concluded with the college.
4. Choose a study program, form of study, and location suitable for their own abilities and conditions and those of the college; be provided opportunities to switch programs, forms, and locations if they wish and are accepted by the receiving institution.
5. Use equipment and facilities of the school to serve learning, practice, internships, scientific and technological tasks, entrepreneurship, and cultural, sports activities. Ensure safety and hygiene conditions during learning, practice, and internships according to legal provisions.
6. Receive a college graduation certificate, intermediate-level graduation certificate, basic-level certificate, or corresponding training certificate according to the level and program of training as prescribed by the Minister of Labor, Invalids, and Social Affairs; a certificate of meeting the required amount of general knowledge or a certificate of completing the general education program according to the Education Law and guiding documents.
7. Pay tuition fees and other service charges as prescribed.
8. Participate in labor, social activities, youth and student organizations, and other social organizations according to legal provisions.
9. Directly or through legitimate representatives of the student body, propose solutions to contribute to building the college and protect their legitimate rights and interests; participate in evaluating the quality of training of the college.
10. Enjoy policies for students as prescribed by law.
11. Fulfill the obligation of working for a fixed term as prescribed in Article 61 of the Vocational Education Law.
12. Comply with regulations on occupational safety and health. Maintain and protect the property of the college, practical bases, production, business, and service facilities where practical and internship activities take place.
Chapter V. FINANCE AND ASSETS OF COLLEGES
Article 42. Financial Sources of Public Colleges
1. State budget funds.
2. Revenue from the college's public service activities, including:
a) Revenue from public service activities;
b) Revenue from production and business activities; joint venture and cooperation activities in accordance with the law;
c) Revenue from leasing state assets in accordance with the law.
3. Fees retained for expenditure in accordance with the law on fees and charges.
4. Borrowed capital, aid, and sponsorship in accordance with the law.
5. Other lawful revenues as prescribed by law (if any).
Article 43. Financial Sources of Private Colleges
1. Revenue from training service activities in accordance with the State regulations.
2. Revenue from cooperative training, scientific, technological, production, business, and service activities in accordance with the law.
3. Profits distributed from joint venture and cooperation activities; bank deposit interest, bonds.
4. State budget funds (if any).
5. Borrowed capital, aid, and sponsorship in accordance with the law.
6. Other lawful revenues as prescribed by law.
Article 44. Utilization of Financial Resources for Public Colleges
1. Regular expenditures under self-management.
2. Regular expenditures not under self-management, expenditures to implement science and technology tasks.
3. Irregular expenditures, including:
a) Expenditures to implement national target programs; public investment programs; other programs and projects;
b) Expenditures to implement training and capacity building programs for teachers, managers, civil servants, and workers;
c) Counterpart funds to implement projects with foreign sources of funding;
d) Expenditures to implement urgent tasks assigned by competent authorities;
đ) Investment expenditures for construction of physical facilities, procurement of assets and equipment; implementation of other investment projects in accordance with State regulations;
e) Other expenditures as prescribed by law.
4. Distribution of financial results for the year in accordance with the law.
Article 45. Utilization of Financial Resources for Private Colleges
1. Regular expenditures, including:
a) Expenditures for training activities;
b) Expenditures for production, business, and service activities of the college, including expenditures to fulfill tax obligations, depreciation of fixed assets, payment of capital, and loan interest in accordance with the law.
2. Irregular expenditures, including:
a) Counterpart funds to implement projects as prescribed;
b) Expenditures to implement urgent tasks assigned by competent authorities;
c) Investment expenditures for construction of physical facilities, procurement of assets and equipment; implementation of other investment projects in accordance with State regulations;
d) Expenditures for joint venture and cooperation activities;
đ) Other expenditures as prescribed by law.
Article 46. Management and Use of Assets for Public Colleges
1. Sources of formation of state assets include:
a) State assets in kind transferred by the State in accordance with regulations applicable to state agencies as stipulated in Article 29 of the Law on Management and Use of State Assets;
b) Assets constructed or purchased from the state budget, development fund for public service activities, asset depreciation fund, and other sources of funds as prescribed by law;
c) Assets formed from borrowed capital, raised capital, joint ventures, and cooperations with organizations and individuals in accordance with the law.
2. Public colleges shall manage and use state assets in accordance with the law.
3. Public colleges have the responsibility to inventory assets at the end of each accounting period and conduct asset inventory and revaluation according to the decision on asset inventory and revaluation, determine surplus and shortage of assets and their causes for handling in accordance with the law; report on the management and use of state assets.
4. All members of the college have the responsibility to maintain and protect the college's assets.
5. Annually, the college must organize asset inventory and revaluation of asset values and implement reporting systems in accordance with the law. Fully comply with financial, accounting, auditing, taxation, statistics, and periodic reporting systems; publicly disclose financial information in accordance with the law.
Article 47. Management and Use of Assets for Private College
1. Private colleges manage and use assets in accordance with the provisions of the law regarding state-owned land and assets transferred or leased to the college, and other assets owned by investors to ensure the activities of training at the college.
2. Every member of the college has the responsibility to maintain and protect the property of the college.
3. Annually, the college must organize an inventory and re-evaluate the value of its assets and implement reporting systems as prescribed by law. Fully comply with financial, accounting, auditing, tax, statistical, and periodic reporting systems; publicly disclose finances in accordance with the provisions of the law.
Article 48. Transfer of Ownership of Contributed Capital and Withdrawal of Capital in Private Colleges
1. The transfer of ownership of contributed capital by contributors in private colleges is regulated in the internal organizational and operational regulations, financial regulations of the college, consistent with relevant legal provisions, and must ensure the following transfer principles:
a) The person wishing to transfer notifies the price and transfer requirements to the board of directors.
b) The board of directors notifies the price and transfer requirements to the remaining contributors and publicly discloses them to teachers, managers, and employees of the college with the same transfer requirements; the notification must be valid for at least 45 days.
c) The transfer shall be carried out in the following order: Among the contributors of the college according to the corresponding ratio of each contributor's capital; to teachers, managers, and employees of the college if the contributors do not purchase or do not fully purchase; to non-contributors and teachers, managers, and employees of the college if teachers, managers, and employees of the college do not purchase or do not fully purchase.
2. Withdrawal of capital and transfer of ownership of contributed capital must comply with the law, the college's regulations, and ensure the stability and development of private colleges.
3. In cases where the college is dissolved, financial and asset handling shall be applied in accordance with the provisions of the law.
4. In cases where after transferring capital from multiple college owners to one owner or from one owner to two or more owners, then:
a) In cases where after transferring capital there remains only one college owner, the college owner requests the General Department of Vocational Education to terminate the term of the current board of directors in accordance with Clause 2 and Clause 5 of Article 15 of this Circular. b) In cases where capital is transferred from one college owner to two or more owners, the establishment of the board of directors shall be implemented in accordance with;
b) In the case where capital is transferred from one member with permanent ownership to two or more members with permanent ownership, the establishment of the board of directors shall be carried out in accordance with the provisions set forth at Article 15 of this Circular.
Chapter VI. RELATIONSHIP BETWEEN THE COLLEGE AND ENTERPRISES, VOCATIONAL EDUCATION INSTITUTIONS, EDUCATIONAL INSTITUTIONS, STUDENT FAMILIES, AND SOCIETY
Article 49. Relationship between the College and Enterprises
The college actively collaborates with enterprises in vocational education activities, including:
1. Developing and implementing training plans to meet the direct labor needs in production, business, and services of enterprises and the labor market.
2. Inviting enterprise representatives to participate in the construction of the training program and textbooks of the college; participating in teaching, practical guidance, internships, assessment of learning outcomes, and career counseling for students; participating as members of the college council, board of directors, and advisory board members of the college.
3. Collaborating with enterprises to organize visits, study, practice, and internships for students at enterprises, linking study with practical production, business, and service activities.
4. Collaborating with enterprises to create conditions for teachers to improve their occupational skills, linking training with practical production, business, and service activities.
5. Cooperating with enterprises to train, upgrade, enhance knowledge and occupational skills, and retrain enterprise employees when needed.
6. Collaborating with enterprises in research, production, application, and technology transfer activities.
7. Establishing mechanisms for enterprises to participate in evaluating the training activities of the college.
Article 50. Relations between colleges and general education institutions, vocational education institutions, and universities
1. Colleges cooperate with junior high schools, high schools, vocational training centers – continuing education centers, and continuing education centers to promote awareness, career guidance, and channel students into various levels of vocational education.
2. Colleges collaborate with vocational education institutions to organize training activities according to this Circular and relevant laws.
3. Colleges collaborate with higher education institutions to implement the following activities:
a) Organize undergraduate education through part-time study in accordance with the Higher Education Law and guiding documents.
b) Organize sequential education from intermediate level, college level to undergraduate level in accordance with the Education Law and guiding documents.
4. Colleges collaborate and coordinate with vocational training centers – continuing education centers, and continuing education centers to implement secondary school continuing education programs as prescribed.
Article 51. Relations between educational institutions and families of learners
1. Colleges have the responsibility to publicly disclose on their website the contents stipulated at Clause 4 Article 9 of this Circular for the families of learners to participate in supervising the quality of training at the college.
2. Colleges proactively coordinate with the families of learners to effectively carry out educational work aimed at comprehensive development of learners.
3. Colleges proactively coordinate with the families of learners to improve the quality and effectiveness of training.
Article 52. Relations between educational institutions and society
1. Colleges implement collaboration with production, business, service establishments, scientific research institutes, technical and technological facilities, and other training institutions to create favorable conditions for teachers and learners to visit, intern, practice production, apply technology, thereby linking teaching and learning with practical production and providing social products and services.
2. Colleges regularly coordinate with relevant functional agencies of ministries, sectors, localities, production, business, and service establishments in determining training needs, linking training with employment and the labor market.
3. Colleges coordinate with cultural, artistic, physical education, and sports establishments to provide opportunities for learners to participate in cultural, artistic, and physical education and sports exchange activities.
4. Colleges organize for teachers, managers, staff, workers, and learners to participate in social activities; coordinate with local authorities, political-social organizations, social organizations, and occupational social organizations to build a healthy training environment.
5. Colleges have mechanisms for society to participate in evaluating the quality of training.
Chapter VII.IMPLEMENTATION
Article 53. Responsibilities of colleges
1. Implement the provisions of this Circular.
2. Improve organizational structures, review activities, regulations concerning teachers, managers, staff, workers, and learners to meet the requirements of this Circular.
3. Within five working days from the date of issuance of the college's organizational and operational charter, the college principal shall be responsible for sending the following agencies:
a) The management agency of the public college;
b) The General Department of Vocational Education, Ministry of Labor, Invalids and Social Affairs;
c) The Department of Labor, Invalids and Social Affairs of the province or centrally-administered city where the college is headquartered.
4. Amend, supplement, or establish and issue organizational and operational charters and internal regulations of the college in compliance with this Circular.
5. Explain before competent state agencies, learners, and society about the activities of the college as prescribed at Clause 4 Article 9 of this Circular.
6. Annually or periodically compile the situation of organizational and operational activities of the college and submit reports to the Department of Labor, Invalids and Social Affairs, the General Department of Vocational Education, and the management agency of the college.
7. Send the Department of Labor, Invalids and Social Affairs where the college is headquartered or branch the disclosure of conditions ensuring the organization and operation of vocational education for each training profession certified by the General Department of Vocational Education in the certificate of vocational education activity registration, supplementary vocational education activity registration for monitoring and management.
Article 54. The General Department of Vocational Education shall be responsible for:
1. Directing the implementation of this Circular; conducting annual statistics and building a database on colleges.
2. Inspecting and auditing the implementation of regulations stipulated in this Circular; handling violations according to the law; revoking or recommending the revocation of decisions that contravene the provisions of this Circular and relevant laws on vocational education.
3. Taking the lead and coordinating with units under the Ministry of Labor, War Invalids and Social Affairs and related agencies to direct the implementation and inspect and audit the implementation of this Circular, and handle violations according to the law.
4. Recognizing and terminating the operation of the management board of private colleges. Submitting to the Minister of Labor, War Invalids and Social Affairs for decision on recognizing and ceasing recognition of the principal of private colleges.
Article 55. The managing agency of public colleges; ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations shall be responsible for:
1. Directing subordinate public colleges to implement this Circular.
2. Cooperating with the Ministry of Labor, War Invalids and Social Affairs in managing subordinate public colleges; resolving difficulties and obstacles according to the law.
3. Inspecting and auditing the implementation of regulations stipulated in this Circular within their authority; handling violations of subordinate public colleges according to the law.
4. Deciding on the establishment of the college council of subordinate public colleges.
5. Annually compiling and reporting to the Ministry of Labor, War Invalids and Social Affairs (General Department of Vocational Education) the results of establishing the college council and appointing principals of subordinate public colleges.
Article 56. Provincial People's Committees shall be responsible for:
1. Directing subordinate public colleges and private colleges within their jurisdiction to implement this Circular.
2. Cooperating with the Ministry of Labor, War Invalids and Social Affairs in managing colleges within their jurisdiction; resolving difficulties and obstacles according to the law.
3. Inspecting and auditing the implementation of regulations stipulated in this Circular within their authority; handling violations of subordinate public colleges and private colleges within their jurisdiction according to the law.
4. Deciding on the appointment, removal from office, dismissal, and removal of principals of subordinate public colleges.
5. Annually compiling and reporting to the Ministry of Labor, War Invalids and Social Affairs (General Department of Vocational Education) the results of establishing the college council and appointing principals of subordinate public colleges.
Article 57. Departments of Labor, War Invalids and Social Affairs shall be responsible for:
1. Annually or at any time compiling and reporting to the General Department of Vocational Education on the situation of implementing this Circular by colleges within their jurisdiction.
2. Inspecting and auditing the implementation of regulations stipulated in this Circular within their authority; handling violations according to the law; revoking or recommending the revocation of decisions that contravene the provisions of this Circular.
3. Supervising the public disclosure of conditions ensuring the organization of vocational education activities for each training profession granted in the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities issued by colleges with headquarters or branch offices within their jurisdiction by the General Department of Vocational Education.
4. Appointing representatives to participate as members of the college council or management board when requested.
Chapter VIII. IMPLEMENTING PROVISIONS2
Article 58. Transitional Provisions
1. For public colleges where the chairman of the college council is also the principal, continue to implement until the end of the term according to the decision of the competent authority or when there is a change in personnel holding the position of chairman of the college council. At the end of the term, the establishment of the next term's college council shall be carried out in accordance with the provisions of this Circular.
2. For private colleges where the chairman of the board of management is not a capital contributor, continue to implement until the end of the term according to the decision of the General Director of the Vocational Education General Department or when there is a change in personnel holding the position of chairman of the board of management. At the end of the term, the establishment of the next term's board of management shall be carried out in accordance with the provisions of this Circular.
Article 59. Effective Date
1. This Circular takes effect from December 15, 2021.
2. Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016 of the Minister of Labor, Invalids and Social Affairs regarding the Charter of Colleges ceases to be effective from the date this Circular takes effect.
3. Repeal Article 3 of Circular No. 18/2018/TT-BLDTBXH dated October 30, 2018 of the Minister of Labor, Invalids and Social Affairs amending and supplementing certain articles of circulars related to administrative procedures within the scope of the State management functions of the Ministry of Labor, Invalids and Social Affairs.
4. During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for guidance./.
| MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS Number: 1550/VBHN-BLDTBXH
| CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, April 12, 2024
DEPUTY MINISTER |
ANNEX
ATTACHED TO DECREE NO. 262/2026/NĐ-CP
(Attached to Circular No. 15/2021/TT-BLDTBXH dated October 21, 2021 of the Minister of Labor, Invalids and Social Affairs)
| Form No. 01 | Document requesting the establishment of the college council |
| Form No. 02 | Minutes of the meeting to elect the college council |
| Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives | Document requesting replacement of the chairman, secretary, and members of the college council |
| Form number 04 | Minutes of the meeting of the college council on replacing the chairman, secretary, and members of the college council |
| Form number 05 | Document requesting dismissal or removal of the chairman, secretary, and members of the college council |
| Form number 06 | Minutes of the meeting of the college council on dismissing or removing the chairman, secretary, and members of the college council |
| Form No. 07 | Document requesting recognition of the board of management |
| Form No. 08 | Minutes of the meeting to elect the board of management |
| Form No. 09 | Document requesting replacement of the chairman, secretary, and members of the board of management |
| Form No. 10 | Minutes of the meeting of the board of management on replacing the chairman, secretary, and members of the board of management |
| Form No. 11 | Document requesting termination of the activities of the board of management |
| Form No. 12 | Document requesting recognition of the principal |
| Model Number 13 | Minutes of the meeting of the board of management requesting recognition of the principal |
| Model No. 14 | Document requesting revocation of recognition of the principal |
| Model Number 15 | Minutes of the meeting of the board of management requesting revocation of recognition of the principal |
Form No. 01.3 Document requesting the establishment of the college council
| .....(1)..... | SOCIALIST REPUBLIC OF VIET NAM |
| No.: ……/…… Regarding the establishment of the college council | ……, day … month …. year 20… |
Respectfully submitted to: [Authority authorized to establish the college council]
I. State reasons for requesting the establishment of the college council, summarize the process of establishing the college council…
II. Based on the criteria for the chairman, secretary, and members of the college council and the results of the election process for members to join the college council, ……(3)…… requests [Authority authorized to establish the college council] consideration, establishment of the college council for term …
1. Summary of personnel proposed to hold the position of chairman of the college council
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- Educational level, academic qualifications, academic rank, degree, political theory level, foreign language, computer skills:…
- Summary of work experience:
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2. Summary of personnel proposed to hold the position of secretary of the college council
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- Educational level, academic qualifications, academic rank, degree, political theory level, foreign language, computer skills:…
- Summary of work experience:
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3. List of members of the college council
| No. | Full Name | Current position and working unit | Position in the college council |
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(Annexed application documents for the establishment of the college council)
……(3)…requests [Authority authorized to establish the college council] consideration, decision to establish the College Council of ………(2)…/.
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Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
(3) Name of the college for the first term council establishment request, name of the college council for subsequent term council establishment request.
(4) Principal or person in charge of managing, supervising, and operating the public college for the first term council establishment request; incumbent chairman of the college council for subsequent term council establishment request.
Form No. 02Minutes of the meeting to elect the college council
| ……(1)….. | SOCIALIST REPUBLIC OF VIET NAM |
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MINUTES OF THE MEETING
ELECTION OF THE COLLEGE COUNCIL OF...(2)…
I. Time and place
1. Time: Starting at …hours ………day …month …year ……
2. Place: At …
II. Participants
1. Participants (list all participants as required).
2. Number of participants summoned: ……people.
a) Present: ……/…
b) Absent: ……/…(reason): … (state clearly the full name and reason for absence of each person).
3. Chairperson of the meeting: Comrade …position…
4. Secretary of the meeting: Comrade …position…
III. Content
1. State reasons for establishing the college council, summarize the process of electing the college council.
2. Summarize the comments and evaluations of the participants about each person introduced to join the college council.
3. The meeting proceeds to vote on the personnel joining the college council
IV. Voting Results
1. The meeting proceeds to vote on the personnel joining the college council
a) Voting results:
- Number of ballots issued: ………ballots.
- Number of ballots returned: ………ballots.
- Number of valid ballots: ………ballots.
- Number of invalid ballots: ………ballots.
b) Voting results for joining the college council from highest to lowest among those listed
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c) Based on the voting results, the list of the college council …(2)…consists of the following members (ranked by the number of votes received from highest to lowest):
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(Attached ballot counting minutes)
2. The meeting proceeds to vote on the personnel holding the position of chairman of the college council
a) Voting results:
- Number of ballots issued: ………ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: …ballots.
b) Voting results for holding the position of chairman of the college council from highest to lowest among those listed
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, Mr./Ms. …is elected to hold the position of chairman of the college council.
(Attached ballot counting minutes)
3. The meeting conducts a vote on personnel for the position of secretary of the school council. a) Voting results:
- Number of ballots issued: ………ballots.
- Number of ballots returned: ………ballots.
- Number of valid ballots: ………ballots.
- Number of invalid ballots: ………ballots.
b) The number of votes received for each person listed to hold the position of secretary of the school council, ranked from highest to lowest.
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, Mr./Ms. ... was elected to hold the position of secretary of the school council.
(Attached ballot counting minutes)
This record is made in … copies and has been unanimously agreed upon by all participants in the meeting.
The meeting ended at … o'clock on … day … month … year …../.
| SECRETARY OF THE MEETING | CHAIRPERSON OF THE MEETING |
Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives.4 Document requesting replacement of the chairman, secretary, and members of the college council
| .....(1)..... | SOCIALIST REPUBLIC OF VIET NAM |
| No.: …../……. | ……, day … month …. year 20… |
Respectfully submitted to: [Authority authorized to establish the college council]
I. State reasons for requesting replacement [position in the school council], summarize the implementation process...
II. Based on the structure, standards for participation in the school council, and the results of the election process for replacing members, the School Council of …(2)… proposes [Authority authorized to establish the college council] to consider and decide on replacement [position in the school council].
1. Personnel being replaced
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- Position in the school council: …
2. Personnel proposed for replacement (new personnel)
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- Cultural level, educational qualifications, academic rank, academic degree, theoretical political education level, foreign language proficiency, computer skills: …
- Current position and unit of work: …
- Summary of work experience [applicable for replacing the positions of chairman and secretary of the school council]:
| From month year | To month year | Position, post, working unit (party, government, mass organizations, social organizations), including time spent training and upgrading professional knowledge... |
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(Attachment: Proposal for Replacement [position in the school council])
The School Council of ……(2)…… proposes [Authority authorized to establish the college council] to consider and decide on replacement [position in the school council]./.
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| (3) |
Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
(3) Chairman of the school council or the person assigned to manage the school council when the chairman is absent.
Form number 04Record of the school council meeting regarding the replacement of chairman, secretary, and members of the school council
| ……(1)….. | SOCIALIST REPUBLIC OF VIET NAM |
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| ……, day … month …. year 20… |
RECORD OF THE SCHOOL COUNCIL MEETING
Regarding replacement [position in the school council]
I. Time and place
1. Time: Starting from … o'clock … day … month … year …
2. Place: At …
II. Participants
1. Participants (list all participants as required).
2. Number of people summoned: … people.
a) Present: …/…
b) Absent: …../…(reason): …(state clearly the full name and reason for absence of each person).
3. Chairperson of the meeting: Comrade …position…
4. Secretary of the meeting: Comrade …position…
III. Content
1. State reasons for replacement [position in the school council], summarize the implementation process of replacement [position in the school council].
2. Summary of comments and evaluations by meeting participants regarding the person introduced to join the school council.
3. The meeting conducts a vote on personnel proposed for replacement to join the school council
a) Voting results:
- Number of ballots issued: … ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: …ballots.
b) The number of votes received for each person listed to join the school council, ranked from highest to lowest.
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, the replacement list for joining the school council …(2)… includes the following members (ranked according to the number of votes received from highest to lowest):
| No. | Full Name | Position, current working unit |
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(Attached ballot counting minutes)
This record is made in … copies and has been unanimously agreed upon by all participants in the meeting.
The meeting ended at … o'clock on … day … month … year ……/.
| SECRETARY OF THE MEETING | CHAIRPERSON OF THE MEETING |
Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
Form number 05. Document proposing dismissal, removal from office of chairman, secretary, and members of the school council
| ……(1)….. | SOCIALIST REPUBLIC OF VIET NAM |
| No.: ……/…… | ……, day … month …. year 20… |
Respectfully submitted to: [Authority authorized to establish the college council]
State reasons for proposing dismissal, removal from office [position in the school council], summarize the implementation process...
The School Council of …..(2)….. proposes [Authority authorized to establish the college council] to consider and decide on dismissal, removal from office [position in the school council] of Mr./Ms. …/.
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| (3) |
Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
(3) Chairman of the school council or the person assigned to manage the school council when the chairman is absent.
Form number 06. Record of the school council meeting regarding dismissal, removal from office of chairman, secretary, and members of the school council
| ……(1)….. | SOCIALIST REPUBLIC OF VIET NAM |
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| ……, day … month …. year 20… |
RECORD OF THE SCHOOL COUNCIL MEETING
Regarding dismissal, removal from office [position in the school council]
(applicable for chairman, secretary, and members of the school council who are not civil servants or public officials)
I. Time and place
1. Time: Starting from … o'clock … day … month ……… year ………
2. Place: At …
II. Participants
1. Participants (list all participants as required).
2. Number of people summoned: ……. people.
a) Present: …../…..
b) Absent: ……/…(reason): …(state clearly the full name and reason for absence of each person).
3. Chairperson of the meeting: Comrade …position…
4. Secretary of the meeting: Comrade …position…
III. Content
1. State reasons, summarize the implementation process of dismissal, removal from office [position in the school council].
2. Summary of comments and evaluations by meeting participants.
3. The meeting conducts a vote on personnel proposed for dismissal, removal from office
Voting results (3):
- Number of ballots issued: … ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: …ballots.
- Number of ballots agreeing with dismissal, removal from office: … ballots.
- Number of ballots disagreeing with dismissal, removal from office: … ballots.
(Attached ballot counting minutes)
This record is made in … copies and has been unanimously agreed upon by all participants in the meeting.
The meeting ended at … o'clock on … day … month … year …../.
| SECRETARY OF THE MEETING | CHAIRPERSON OF THE MEETING |
Note:
(1) Name of the parent organization of the public college.
(2) Name of the public college.
(3) In cases where multiple people are dismissed or removed from office, separate the voting results for each individual.
Form No. 07. Document proposing recognition of the board of directors
| ……(1)…... | SOCIALIST REPUBLIC OF VIET NAM |
| No.: …/…. | ……, day … month …. year 20… |
Respectfully submitted to: [Person authorized to recognize the board of directors]
I. State reasons for proposing recognition of the board of directors, summarize the implementation process of recognizing the board of directors…
II. Based on the criteria for chairman, secretary, and members of the board of directors, and the results of the election process for members joining the board of directors, ……(2)…… proposes [Person authorized to recognize the board of directors] to consider and decide on recognition of the board of directors ………(1)… term …
List of board of directors members
| No. | Full Name | Current position and working unit | Position in the Board of Directors |
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(Attachment: Proposal for Recognition of the Board of Directors)
……(2)….. proposes [Person authorized to recognize the board of directors] to consider and decide on recognition of the board of directors …(1)… term …/.
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| (2) |
Note:
(1) Name of the private college.
(2) Legal representative of the founding member of the school for the first term proposal or the current chairman of the board of directors for the subsequent term proposal.
Form No. 08. Record of the meeting to elect the board of directors
| ……(1)…... | SOCIALIST REPUBLIC OF VIET NAM |
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| ……, day … month …. year 20… |
MINUTES OF THE MEETING
ELECTION OF THE BOARD OF DIRECTORS …..(1)……
I. Time and place
1. Time: Starting from … o'clock … day … month ……. year …
2. Place: At …
II. Participants
1. Participants (list all participants as required).
2. Number of participants summoned: ……people.
a) Present: …/…
b) Absent: ……/…(reason): …(state clearly the full name and reason for absence of each person).
3. Chairperson of the meeting: Comrade …position…
4. Secretary of the meeting: Comrade …position…
III. Content
1. State reasons for recognizing the board of directors, summarize the implementation process of electing the board of directors.
2. Summary of comments and evaluations by meeting participants regarding each person introduced to join the board of directors.
3. The meeting conducts a vote on personnel joining the board of directors.
IV. Voting Results
1. The meeting conducts a vote on personnel joining the board of directors
a) Voting results:
- Number of ballots issued: … ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: …ballots.
b) The number of votes received for each person listed to join the board of directors, ranked from highest to lowest.
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, the board of directors …(1)… includes the following members (ranked according to the number of votes received from highest to lowest):
| No. | Full Name | Position, current working unit |
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(Attached ballot counting minutes)
2. The meeting conducts a vote on personnel for the position of chairman of the board of directors
a) Voting results:
- Number of ballots issued: … ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: …ballots.
b) The number of votes received for each person listed to hold the position of chairman of the board of directors, ranked from highest to lowest.
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, Mr./Ms. … was elected to hold the position of chairman of the board of directors.
(Attached ballot counting minutes)
3. The meeting conducts a vote on personnel for the position of secretary of the board of directors
a) Voting results:
- Number of ballots issued: …… ballots.
- Number of ballots returned: …ballots.
- Number of valid ballots: …ballots.
- Number of invalid ballots: ……. ballots.
b) The number of votes received for each person listed to hold the position of secretary of the board of directors, ranked from highest to lowest.
| No. | Full Name | Number of votes received | Percentage compared to the total number of participants summoned |
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c) Based on the voting results, Mr./Ms. … was elected to hold the position of secretary of the board of directors.
(Attached ballot counting minutes)
This record is made in ……. copies and has been unanimously agreed upon by all participants in the meeting.
The meeting ended at … o'clock on … day … month … year …/.
| SECRETARY OF THE MEETING | CHAIRPERSON OF THE MEETING |
Note:
(1) Name of the private college.
Form No. 09.5 Document requesting replacement of the chairman, secretary, and members of the board of management
| .....(1)..... | SOCIALIST REPUBLIC OF VIET NAM |
| No.: …/… | ……, day … month …. year 20… |
Respectfully submitted to: [Person authorized to recognize the board of directors]
I. State reasons for requesting replacement [position in the board of directors], summarize the implementation process …
II. BASED ON THE STRUCTURE, STANDARDS FOR PARTICIPATION IN THE BOARD OF MANAGEMENT AND THE RESULTS OF THE PROCEDURE FOR ELECTING A MEMBER TO REPLACE AN ATTENDING BOARD OF MANAGEMENT MEMBER, THE BOARD OF MANAGEMENT OF ……(1)…… PROPOSES [Person authorized to recognize the board of directors] to consider and decide on replacement [POSITION ON THE BOARD OF MANAGEMENT].
1. Personnel being replaced
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- POSITION ON THE BOARD OF MANAGEMENT: …
2. Personnel proposed for replacement (new personnel)
- Full name: …
- Date of birth:…
- Personal identification number/Identity card number:…issued on……month……year…place of issuance…
- Educational level, academic qualifications, academic rank, degree, political theory level, foreign language, computer skills:…
- CURRENT POSITION AND WORK UNIT (IF ANY): …
(ATTACHED APPLICATION FOR REPLACEMENT OF [POSITION ON THE BOARD OF MANAGEMENT])
THE BOARD OF MANAGEMENT …(1)…… PROPOSES [Person authorized to recognize the board of directors] to consider and decide on replacement [position in the board of directors]./.
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| (2) |
Note:
(1) Name of the private college.
(2) CHAIRMAN OF THE BOARD OF MANAGEMENT OR THE PERSON RESPONSIBLE FOR MANAGING THE BOARD OF MANAGEMENT IN THE ABSENCE OF THE CHAIRMAN OF THE BOARD OF MANAGEMENT.
Form No. 10MINUTES OF THE BOARD OF MANAGEMENT MEETING REGARDING THE REPLACEMENT OF THE CHAIRMAN, SECRETARY, AND BOARD OF MANAGEMENT MEMBERS
| ……(1)…... | SOCIALIST REPUBLIC OF VIET NAM |
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| ……, day … month …. year 20… |
MINUTES OF THE BOARD OF MANAGEMENT MEETING
REGARDING THE REPLACEMENT OF [POSITION ON THE BOARD OF MANAGEMENT]
I. Time and place
1. Time: Starting from … o'clock … day … month ……. year …
2. Place: At …
II. Participants
1. Participants (list all participants as required).
2. Number of participants summoned: ……people.
a) Present: …/…
b) Absent: ……/…(reason): …(state clearly the full name and reason for absence of each person).
3. Chairperson of the meeting: Comrade …position…
4. Secretary of the meeting: Comrade …position…
III. Content
1. State reasons for replacement [position in the board of directors], summarize the implementation process of replacement [position in the board of directors].
2. SUMMARY OF THE OBSERVATIONS AND EVALUATIONS OF THE PARTICIPANTS AT THE MEETING CONCERNING THE PERSON INTRODUCED TO JOIN THE BOARD OF MANAGEMENT.
3. Cuộc họp tiến hành bỏ phiếu về nhân sự đề nghị thay thế tham gia hội đồng quản trị
a) Kết quả bỏ phiếu:
- Số phiếu phát ra: ……..phiếu.
- Số phiếu thu về: ……..phiếu.
- Số phiếu hợp lệ: ……..phiếu.
- Số phiếu không hợp lệ: ……..phiếu.
b) Kết quả phiếu bầu tham gia hội đồng quản trị từ cao xuống thấp của từng người trong danh sách giới thiệu
| TT | Họ và tên | Số phiếu đạt được | Tỷ lệ % so với tổng số người được triệu tập | |
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c) Căn cứ kết quả kiểm phiếu, danh sách thay thế tham gia hội đồng quản trị …….(1)…… gồm các thành viên sau (xếp theo thứ tự phiếu bầu từ cao xuống thấp):
| TT | Họ và tên | Chức vụ, đơn vị hiện đang công tác |
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(Có biên bản kiểm phiếu kèm theo)
Biên bản này được lập thành ….. bản và được các thành viên tham dự cuộc họp nhất trí thông qua.
Cuộc họp kết thúc vào ….. giờ.... ngày ..... tháng .... năm …../.
| THƯ KÝ CUỘC HỌP | CHỦ TRÌ CUỘC HỌP |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
Mẫu số 11. Văn bản đề nghị chấm dứt hoạt động của hội đồng quản trị
| ……(1)…... | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
| Số: ...../……. | ……., ngày … tháng …. năm 20… |
Kính gửi: [Người có thẩm quyền chấm dứt hoạt động của hội đồng quản trị]
Nêu lý do đề nghị chấm dứt hoạt động của Hội đồng quản trị............................
(Hồ sơ đề nghị chấm dứt hoạt động kèm theo)
Thành viên duy nhất sở hữu trường của …..(1)…. đề nghị [Người có thẩm quyền chấm dứt hoạt động của hội đồng quản trị] xem xét, quyết định chấm dứt hoạt động của Hội đồng quản trị của ……….(1)………/.
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| (2) |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
(2) Thành viên duy nhất sở hữu trường.
Mẫu số 12.6 Văn bản đề nghị công nhận hiệu trưởng
| .....(1)..... | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
| Số: ..../........ | ..............., ngày ... tháng ... năm 20.... |
Kính gửi: [Người có thẩm quyền công nhận hiệu trưởng]
I. Nêu lý do đề nghị công nhận hiệu trưởng, tóm tắt quy trình lựa chọn công nhận hiệu trưởng…………………………………………………
II. Căn cứ tiêu chuẩn hiệu trưởng và kết quả thực hiện quy trình lựa chọn công nhận hiệu trưởng, ……(2)………đề nghị [Người có thẩm quyền công nhận hiệu trưởng] xem xét, công nhận ông/bà …………… giữ chức hiệu trưởng …….(1)…….
Tóm tắt về nhân sự đề nghị công nhận hiệu trưởng:
- Họ và tên: ...............................................................................................
- Ngày, tháng, năm sinh:…………………………………………………
- Số định danh cá nhân/Chứng minh nhân dân:……………………….cấp ngày……tháng……năm…………nơi cấp……….……………………………..
- Trình độ văn hóa, trình độ học vấn, học hàm, học vị, trình độ lý luận chính trị, ngoại ngữ, tin học:……………………………………………………...
- Tóm tắt quá trình công tác:
| Từ tháng năm | Đến tháng năm | Chức danh, chức vụ, đơn vị công tác (đảng, chính quyền, đoàn thể, tổ chức xã hội), kể cả thời gian được đào tạo, bồi dưỡng về chuyên môn, nghiệp vụ... |
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(Hồ sơ đề nghị công nhận hiệu trưởng kèm theo)
……(2)……. đề nghị [Người có thẩm quyền công nhận hiệu trưởng] xem xét, quyết định công nhận ông/bà ………………. giữ chức hiệu trưởng …………..(1)…………./.
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| (2) |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
(2) Chủ tịch hội đồng quản trị hoặc thành viên duy nhất sở hữu trường.
Mẫu số 13. Biên bản họp hội đồng quản trị đề nghị công nhận hiệu trưởng
| ……(1)…... | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
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| ……., ngày … tháng …. năm 20… |
BIÊN BẢN HỌP HỘI ĐỒNG QUẢN TRỊ …..(1)…..
V/v đề nghị công nhận hiệu trưởng
I. Thời gian, địa điểm
1. Thời gian: Bắt đầu từ …….. giờ ……... ngày …….. tháng ……. năm ………
2. Địa điểm: Tại .....................................................................................................
II. Thành phần
1. Thành phần (ghi đầy đủ thành phần được triệu tập theo quy định).
2. Số lượng được triệu tập: ……người.
a) Có mặt: …./......
b) Vắng mặt: ……/.... (lý do): ……………………….……… (ghi rõ họ và tên, lý do vắng mặt của từng người).
3. Chủ trì cuộc họp: Đ/c ………………………..…….chức danh………………
4. Thư ký cuộc họp: Đ/c ………………………..…….chức danh………………
III. Nội dung
1. Nêu lý do công nhận hiệu trưởng, tóm tắt quy trình lựa chọn hiệu trưởng, tiêu chuẩn hiệu trưởng.
2. Tóm tắt ý kiến nhận xét, đánh giá của các thành viên tham dự cuộc họp hội đồng quản trị về người được giới thiệu để đề nghị công nhận hiệu trưởng.
3. Cuộc họp hội đồng quản trị tiến hành biểu quyết về nhân sự đề nghị công nhận hiệu trưởng
Kết quả:
- Số phiếu phát ra: …….phiếu.
- Số phiếu thu về: …….phiếu.
- Số phiếu hợp lệ: …….phiếu.
- Số phiếu không hợp lệ: …….phiếu.
- Số phiếu đồng ý đề nghị công nhận: …….phiếu.
Số phiếu không đồng ý đề nghị công nhận: …….phiếu.
(Có biên bản kiểm phiếu kèm theo)
Biên bản này được lập thành ……bản và được các thành viên tham dự cuộc họp hội đồng quản trị nhất trí thông qua.
Cuộc họp kết thúc vào …… giờ.... ngày ….. tháng .... năm ……/.
| THƯ KÝ CUỘC HỌP | CHỦ TRÌ CUỘC HỌP |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
Mẫu số 14. Văn bản đề nghị thôi công nhận hiệu trưởng
| ……(1)…... | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
| Số: ...../…… | ……., ngày … tháng …. năm 20… |
Kính gửi: [Người có thẩm quyền thôi công nhận hiệu trưởng]
Nêu lý do đề nghị thôi công nhận hiệu trưởng, tóm tắt việc thực hiện quy trình thôi công nhận hiệu trưởng ………………………………………………………
(Hồ sơ đề nghị thôi công nhận kèm theo)
Hội đồng quản trị hoặc thành viên duy nhất sở hữu trường …………..(1)……………. đề nghị [Người có thẩm quyền thôi công nhận hiệu trưởng] xem xét, quyết định thôi công nhận hiệu trưởng ………….(1)………… đối với ông/bà ……………………../.
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| (2) |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
(2) Chủ tịch hội đồng quản trị hoặc thành viên duy nhất sở hữu trường.
Mẫu số 15. Biên bản họp hội đồng quản trị đề nghị thôi công nhận hiệu trưởng
| ……(1)…... | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
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| ……., ngày … tháng …. năm 20… |
BIÊN BẢN HỌP HỘI ĐỒNG QUẢN TRỊ ……….(1)…………
V/v đề nghị thôi công nhận hiệu trưởng
I. Thời gian, địa điểm
1. Thời gian: Bắt đầu từ …….. giờ ……... ngày …….. tháng ……. năm ……
2. Địa điểm: Tại .................................................................................................
II. Thành phần
1. Thành phần (ghi đầy đủ thành phần được triệu tập theo quy định).
2. Số lượng được triệu tập: ……người.
a) Có mặt: …./......
b) Vắng mặt: ……/.... (lý do): ………………………………..…(ghi rõ họ và tên, lý do vắng mặt của từng người).
3. Chủ trì cuộc họp: Đ/c ………………………..…….chức danh………………
4. Thư ký cuộc họp: Đ/c ………………………..…….chức danh………………
III. Nội dung
1. Nêu lý do thôi công nhận hiệu trưởng, tóm tắt quy trình thôi công nhận hiệu trưởng.
2. Tóm tắt ý kiến nhận xét, đánh giá của các thành viên tham dự cuộc họp hội đồng quản trị.
3. Cuộc họp hội đồng quản trị tiến hành biểu quyết thôi công nhận hiệu trưởng đối với ông bà………………………..
Kết quả:
- Số phiếu phát ra: ………….phiếu.
- Số phiếu thu về: ………….phiếu.
- Số phiếu hợp lệ: ………….phiếu.
- Số phiếu không hợp lệ: ………….phiếu.
- Số phiếu đồng ý đề nghị thôi công nhận: ………….phiếu.
- Số phiếu không đồng ý đề nghị thôi công nhận: ………….phiếu.
(Có biên bản kiểm phiếu kèm theo)
Biên bản này được lập thành …… bản và được các thành viên tham dự cuộc họp hội đồng quản trị nhất trí thông qua.
Cuộc họp kết thúc vào …. giờ.... ngày …. tháng .... năm....../.
| THƯ KÝ CUỘC HỌP | CHỦ TRÌ CUỘC HỌP |
Ghi chú:
(1) Tên trường cao đẳng tư thục.
1 Thông tư số 08/2023/TT-BLĐTBXH ngày 29 tháng 8 năm 2023 của Bộ trưởng Bộ Lao động - Thương binh và Xã hội sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội có căn cứ ban hành như sau:
“Căn cứ Luật Cư trú ngày 13 tháng 11 năm 2020;
Căn cứ Luật Ban hành văn bản quy phạm pháp luật ngày 22 tháng 6 năm 2015 và Luật sửa đổi, bổ sung một số điều của Luật Ban hành văn bản quy phạm pháp luật ngày 18 tháng 6 năm 2020;
Căn cứ Nghị định số 62/2022/NĐ-CP ngày 12 tháng 9 năm 2022 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Lao động - Thương binh và Xã hội;
Căn cứ Nghị định số 104/2022/NĐ-CP ngày 21 tháng 12 năm 2022 của Chính phủ sửa đổi, bổ sung một số điều của các nghị định liên quan đến việc nộp, xuất trình sổ hộ khẩu, sổ tạm trú giấy khi thực hiện thủ tục hành chính, cung cấp dịch vụ công;
Theo đề nghị của Vụ trưởng Vụ Pháp chế;
Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành Thông tư sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành, liên tịch ban hành.”.
2 Điều 5 của Thông tư số 08/2023/TT-BLĐTBXH sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội, có hiệu lực kể từ ngày 12 tháng 10 năm 2023 quy định như sau:
“1. Thông tư này có hiệu lực thi hành kể từ ngày 12 tháng 10 năm 2023.
2. Các Mẫu giấy tờ là thành phần hồ sơ thực hiện thủ tục hành chính đã được tiếp nhận trước ngày Thông tư này có hiệu lực mà chưa giải quyết xong thì tiếp tục được giải quyết theo quy định tại Thông tư, Thông tư liên tịch chưa được sửa đổi, bổ sung hoặc bãi bỏ bởi Thông tư này.
3. Vụ trưởng Vụ Pháp chế, Thủ trưởng các đơn vị quản lý nhà nước thuộc Bộ Lao động - Thương binh và Xã hội và các cơ quan, tổ chức, cá nhân có liên quan chịu trách nhiệm thi hành Thông tư này.
Trong quá trình thực hiện, nếu có vướng mắc, đề nghị kịp thời phản ánh về Bộ Lao động - Thương binh và Xã hội để nghiên cứu, giải quyết./.”.
3 Mẫu số 1 được sửa đổi theo quy định tại điểm a khoản 5 Điều 1 của Thông tư số 08/2023/TT-BLĐTBXH ngày 29 tháng 8 năm 2023 của Bộ trưởng Bộ Lao động - Thương binh và Xã hội sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội, có hiệu lực kể từ ngày 12 tháng 10 năm 2023.
4 Mẫu số 3 được sửa đổi theo quy định tại điểm b khoản 5 Điều 1 của Thông tư số 08/2023/TT-BLĐTBXH ngày 29 tháng 8 năm 2023 của Bộ trưởng Bộ Lao động - Thương binh và Xã hội sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội, có hiệu lực kể từ ngày 12 tháng 10 năm 2023.
5 Mẫu số 9 được sửa đổi theo quy định tại điểm c khoản 5 Điều 1 của Thông tư số 08/2023/TT-BLĐTBXH ngày 29 tháng 8 năm 2023 của Bộ trưởng Bộ Lao động - Thương binh và Xã hội sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội, có hiệu lực kể từ ngày 12 tháng 10 năm 2023.
6 Mẫu số 12 được sửa đổi theo quy định tại điểm d khoản 5 Điều 1 của Thông tư số 08/2023/TT-BLĐTBXH ngày 29 tháng 8 năm 2023 của Bộ trưởng Bộ Lao động - Thương binh và Xã hội sửa đổi, bổ sung, bãi bỏ một số điều của các Thông tư, Thông tư liên tịch có quy định liên quan đến việc nộp, xuất trình sổ hộ khẩu giấy, sổ tạm trú giấy hoặc giấy tờ có yêu cầu xác nhận nơi cư trú khi thực hiện thủ tục hành chính thuộc lĩnh vực quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội, có hiệu lực kể từ ngày 12 tháng 10 năm 2023.
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