Circular No. 18/2004/TT-BGD on guiding the implementation of certain provisions of the University Charter issued together with Decision No. 153/2003/QĐ-TTg dated July 30, 2003 of the Prime Minister

  CIRCULAR

Regarding the guidance on implementing certain provisions of the University Charter

issued together with Decision No. 153/2003/QĐ-TTg dated July 30,

2003 of the Government Prime Minister

Pursuant to Decision No. 153/2003/QĐ-TTg dated July 30, 2003 of the Government Prime Minister on issuing the University Charter, the Ministry of Education and Training guides certain provisions of the University Charter as follows:

I- ANALYSIS OF SOME CONCEPTS

In the University Charter, some concepts are understood as follows:

1- Key university (Clause 4, Article 2).

A key university is a university identified in the planning of the network of universities and colleges decided by the Government Prime Minister, which trains critical professions at high quality levels to meet the needs of industrialization and modernization of the country. A key university must be a strong scientific and technological base capable of conducting fundamental research; it must have the capacity to absorb and effectively utilize concentrated investment funds, demonstrated through its faculty, management capabilities, technical facilities, equipment, laboratories, practical bases, and modern libraries.

Key universities are determined for specific periods based on the actual development of each university, the planning of the university network during each period, the state's investment capacity, and alignment with the national economic and social development strategy. The Minister of Education and Training shall submit to the Government Prime Minister for consideration and decision on the list of key universities.

2- Controlling authority (Clause 2, Article 4)

- The controlling authority is the direct managing body of the university regarding planning, development plans, organization, personnel, annual training plans, state budget allocation, and financial asset management. For public and semi-public universities, the controlling authority is a ministry, agency equivalent to a ministry, or provincial People's Committee (hereinafter referred to collectively as the provincial-level People's Committee).

- Private and non-state universities are under the state management of education by the Ministry of Education and Training; they are also subject to administrative territorial management by the provincial-level People's Committee where the university is located. Private and non-state universities enjoy autonomy in organizational structure, personnel, and operational funding.

II- REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF UNIVERSITIES (Article 8)

Based on the University Charter, Circular guiding certain provisions of the University Charter, regulations on the organization and operations of each type of university, and related legal documents, each university shall independently develop its own regulations on organization and operations, to be approved by the controlling authority.

The regulations on the organization and operations of each university are legal documents governing all activities of the university. These regulations must comply with the requirements of the University Charter and previously issued regulations, detailing and adapting to the unique characteristics of each university, such as specifying the objectives, functions, and responsibilities of the university and its internal organizations, as well as the working relationships between these organizations and between the university and society.

III- UNIVERSITY COUNCIL AND MANAGEMENT BOARD (Article 30)

1- University Council:

The University Council is established in public universities. Universities that are members of Da Nang University, Hue University, and Thai Nguyen University do not establish a University Council. The University Council in Da Nang University, Hue University, and Thai Nguyen University is called the University Council.

a) Number of University Council Members:

The number of University Council members is determined based on the characteristics and scale of training of each university. The total number of University Council members is an odd number ranging from 15 to 31 members. For Da Nang University, Hue University, and Thai Nguyen University, the University Council can have up to 45 members.

b) Composition of University Council Members:

The composition of University Council members includes permanent members, elected members within the university, and invited members outside the university.

- Permanent members:

Permanent members of the University Council in universities include: Secretary of the Party Committee, President, and Chairman of the Trade Union of the university.

Permanent members of the University Council in Da Nang University, Hue University, and Thai Nguyen University include: Secretary of the Party Committee, Director, Chairman of the Trade Union of the University, Secretary of the Party Committee, and President of member universities.

The total number of permanent members does not exceed 30% of the total number of University Council members.

- Elected members within the university include:

+ Representative of the Academic and Training Council of the university, elected by the Academic and Training Council.

+ Representative of the teaching staff of the university, elected by the General Assembly of Teaching Staff.

+ Representative of administrative staff, elected by the General Assembly of Administrative Staff.

+ Representative of the Ho Chi Minh Communist Youth Union and Student Association of the university, elected by the Executive Board of the Ho Chi Minh Communist Youth Union and the Executive Board of the Student Association.

- Invited members outside the university may include representatives from the provincial People's Committee, scientific research organizations, educational managers, political and social activists, business leaders, investors, and foreign scholars. The total number of invited members outside the university does not exceed 20% of the total number of University Council members.

The number of members in each category is determined by each university.

c) Regulations on the Operation of the University Council:

The University Council has tasks as stipulated in Point a, Clause 1, Article 30 of the University Charter.

The University Council convenes regularly every six months. When necessary, upon the proposal of the Chairperson of the University Council, the President, or more than 50% of the total number of University Council members, the Chairperson of the University Council may convene an extraordinary meeting.

The University Council operates through discussion and collective decision-making at meetings to make decisions within the scope of their assigned tasks. The Chairperson of the University Council does not make decisions unilaterally.

When necessary, the Chairman of the University Council may invite representatives from the managing authority and representatives from the People's Committee of the province where the university is located to attend meetings. These representatives have the right to express their opinions but do not participate in voting.

Meetings of the University Council must have at least two-thirds of the total number of Council members present. Resolutions of the University Council must be agreed upon by more than half of the total number of Council members.

The Chairman of the University Council is专职，从学校的经费中领取工资，其他成员兼职，仅享受学校的责任津贴。大学理事会设有办公室和工作设备，由学校提供并配备。大学理事会主席可以在执行大学理事会已规定在第三十条第一款a项中的任务范围内使用学校的公章和办公设施。大学理事会的活动经费包含在学校活动经费之中。

Based on the specific situation of each university, the Secretary of the University Party Committee, the Chairman of the University Council, and the Rector need to clearly define the working relationship to ensure compliance with the University Charter and coordination among positions.

d) Election process and recognition of members, Chairperson, and Deputy Chairperson of the University Council:

The election process and recognition of members of the University Council are stipulated as follows:

- When establishing the first term of the University Council:

The Rector submits to the head of the managing authority for permission regarding the policy, the anticipated number, and the structure of the University Council members.

The Rector disseminates the policy on establishing the University Council and its implementation plan to all staff and officials of the university.

The Rector organizes for departments within the university to elect representatives from their own departments to become internal members of the Council.

The Rector organizes for internal Council members (including both ex officio and elected members) to nominate external members. External members invited from organizations outside the university must have a dispatch decision from their respective organizations.

The Rector submits to the head of the managing authority for a decision recognizing the list of University Council members. After receiving the decision recognizing the members of the University Council, the Rector organizes the first session of the Council to elect the Chairperson of the University Council and submits to the head of the managing authority for a decision appointing the Chairperson.

- When the University Council already exists (from the second term onwards): Six months before the end of the term, the Chairperson of the University Council is responsible for submitting to the head of the managing authority for the anticipated number and structure of the University Council members for the next term. After obtaining approval from the head of the managing authority, the Chairperson of the University Council organizes the election of University Council members for the next term according to the aforementioned member structure, submits to the head of the managing authority for a decision, and the new Council convenes to elect the Chairperson of the University Council, submitting to the head of the managing authority for a decision appointing the Chairperson.

The Deputy Chairperson of the University Council is elected by the University Council and recognized by a decision of the Chairperson of the University Council.

e) Procedures for establishing the University Council:

For the first term, the Rector (for the first term) and the Chairperson of the University Council submit to the head of the managing authority for the establishment of the University Council. The submission should include the following details:

- Anticipated number of University Council members.

- Anticipated structure of University Council members.

- Plan for cooperation with the Party organization and other mass organizations.

- Specific implementation plan.

After obtaining approval from the head of the managing authority, the Rector (for the first term) and the Chairperson of the University Council organize the implementation according to the above procedures and submit to the head of the managing authority for a decision recognizing the list of University Council members. When submitting the list of members, it should be accompanied by a brief resume confirmed by the direct management personnel department.

2- Board of Directors:

The Board of Directors is established in non-public universities. The specific organizational structure, functions, duties, and powers of the Board of Directors are stipulated in the Regulations on Organization and Operation of each type of non-public university.

IV- THE RECTOR OF THE UNIVERSITY (ARTICLE 31)

The appointment and reappointment of the Rector shall be carried out in accordance with Decision No. 51-QĐ/TW dated May 3, 1999 of the Politburo and Decision No. 27/2003/QĐ-TTg dated February 19, 2003 of the Prime Minister on the issuance of the Regulation on Appointment, Reappointment, Rotation, Resignation, and Removal of Leaders and Civil Servants, and other relevant provisions of competent authorities.

V- RIGHTS AND RESPONSIBILITIES OF THE RECTOR REGARDING FINANCE, ASSETS, AND INVESTMENT (ARTICLE 35)

1. Clause 1, 2, 3 of Article 35:

The Rector is the account holder of the university, responsible under the law for the entire financial and asset management work of the school.

a) The Rector has the following responsibilities:

- Organizing, developing, directing, and implementing the annual financial plan of the university.

- Directing, supervising, and regularly monitoring the implementation of regulations on financial and asset management, accounting records, and assigning specific responsibilities to individuals.

- Approving and supervising the adjustment of budget revenue and expenditure targets for various activities of subordinate units.

- Implementing plans for financial revenue and expenditure, basic construction investment, procurement, maintenance, asset utilization, cost budgets, and economic contracts of the university. Implementing financial transparency according to current regulations.

- Directing the implementation of economic policies, financial regulations, current standards and norms, obligations towards the state budget, cash management systems, and financial discipline of the state in the university.

- Establishing the organizational structure to build a team of financial management-accounting staff in the school, including setting up organizations that meet management requirements, having training and development plans for financial-accounting staff, arranging and utilizing such staff, promulgating specific internal regulations to establish relationships and working procedures during financial management, asset management, and internal accounting records.

- Organizing and directing the implementation of self-financial audits, accounting audits, and auditing, reviewing and approving final accounts within the school, meeting the requirements set forth by higher-level supervisory bodies, financial agencies, or other competent state agencies conducting financial inspections, accounting audits, auditing, and reviewing and approving final accounts at the school.

b) The Principal has the authority:

- To approve or reject decisions on income and expenditure within the scope defined by the school, fully implementing national regulations on financial management, asset management, and investment.

- To decide on the organizational structure and personnel arrangements of the financial-accounting department in the school and propose to the managing agency the appointment of the chief accountant; defining functions, tasks, and subordinate units in financial management, asset management, and investment management according to current classification levels.

- To decide on the allocation of funds, reserves, budgetary funds, and the transfer of assets between subordinate units within the school.

- To decide on financial audits, accounting audits, auditing, and reviewing and approving final accounts within the school (including deciding on re-audits and concluding decisions).

- If there is any disagreement with the conclusions of financial inspections, accounting audits, auditing, and reviewing and approving final accounts conducted by higher-level financial agencies or other competent agencies, the Principal may reserve their opinion in writing and submit it to the competent higher authorities for handling according to current regulations.

- To review and allocate financial resources; to decide on the assignment of budgetary income and expenditure plans to subordinate units; to adjust budgetary income and expenditure targets and the progress of budgetary expenditures for subordinate units.

- To decide on the issuance of internal expenditure regulations within the authority determined by the corresponding financial system currently in effect.

+ Principals of public universities issue internal expenditure regulations within the scope of spending items granted autonomous control rights for revenue-generating institutions according to Circular No. 50/2003/TT-BTC dated May 22, 2003, issued by the Ministry of Finance, and Circular No. 21/2003/TTLB/BTC-BGD&ĐT dated March 24, 2003, issued jointly by the Ministry of Finance and the Ministry of Education and Training.

+ Principals of non-public universities issue internal expenditure regulations after the Board of Directors has approved them in accordance with current regulations according to Circular No. 18/2000/TT-BTC dated March 1, 2000, issued by the Ministry of Finance, and Circular No. 44/2000/TTLB/BTC-BGD&ĐT-BLĐTB&XH dated May 23, 2000, issued jointly by the Ministry of Finance, the Ministry of Education and Training, and the Ministry of Labor, Invalids, and Social Affairs.

2- Clause 4, 5, 6 Article 35:

The authority to decide on investment and manage investment projects and construction is stipulated in Articles 10, 11, and 12 of the Investment Management and Construction Regulations, issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999, supplemented and amended by Decree No. 12/2000/NĐ-CP dated May 5, 2000, and Decree No. 07/2003/NĐ-CP dated January 30, 2003, of the Government regarding amendments and supplements to certain provisions of the Investment Management and Construction Regulations.

VI- OTHER PROVISIONS

This Circular takes effect fifteen days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Education and Training for resolution.