Decree No. 186/2013/ND-CP on National Universities

DECREE

Regarding National Universities

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

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

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

At the proposal of the Minister of Education and Training;

The Government issues a Decree on National Universities,

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the position, functions, tasks, powers, and organizational structure of National Universities.

2. This Decree applies to the Hanoi National University, Ho Chi Minh City National University (hereinafter referred to collectively as National Universities), relevant agencies, organizations, and individuals involved in the management and operation of National Universities.

1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.

1. National Universities are public higher education institutions comprising a combination of member universities and research institutes in various specialized fields, organized into two levels for training all levels of higher education; they are multi-disciplinary centers for high-quality education, scientific research, and technology, prioritized by the State for investment and development.

2. National Universities have legal personality, their own seals bearing the National Emblem, and separate bank accounts; they are responsible for receiving budget targets and plans.

3. National Universities are subject to state management by the Ministry of Education and Training regarding education and training, by the Ministry of Science and Technology regarding science and technology, and by other ministries, sectors, and provincial People's Committees where National Universities are headquartered, according to the provisions of the Government and applicable laws.

Article 3. Tasks and Powers of National Universities

1. Developing strategies, planning, and plans for the development of National Universities.

2. Organizing educational activities, scientific research, international cooperation as prescribed by law; training and nurturing scientific talents; transferring knowledge and providing high-quality human resources to serve economic and social development and international integration.

3. Managing, operating, using, and sharing common resources and facilities within National Universities to ensure organic unity, synchronization, and effectiveness; mobilizing social resources to build National Universities into higher education institutions gradually meeting international and regional standards.

4. Conducting research and providing scientific evidence to contribute to formulating national economic and social development orientations, policies, strategies, and plans; proposing and implementing national key scientific research programs as prescribed.

5. Implementing information and reporting systems to the Prime Minister, the Ministry of Education and Training, the Ministry of Science and Technology, related ministries, sectors, and provincial People's Committees where National Universities are headquartered, as prescribed; being subject to inspection and audit by the Ministry of Education and Training, the Ministry of Science and Technology, the Government Inspectorate, related ministries, sectors, and provincial People's Committees.

6. Having high autonomy in training, scientific research, finance, international relations, and organizational structures according to the Charter of Organization and Operation of National Universities and member higher education institutions, with special financial mechanisms prescribed by the Prime Minister.

7. Being allowed to pilot new majors and specializations not listed in existing training programs to meet societal needs, based on fulfilling prescribed conditions, and reporting to the Ministry of Education and Training for monitoring and inspection.

8. Approving joint training programs with foreign countries at the bachelor's, master's, and doctoral levels organized by National Universities, as prescribed by law.

9. Directly working with ministries, ministerial-level agencies, government agencies, and provincial People's Committees. When necessary, the Director of National Universities reports to the Prime Minister on matters related to the activities and development of National Universities.

10. Performing other tasks and powers as prescribed by law.

Article 4. Organizational Structure

1. The organizational structure of National Universities is implemented according to the Higher Education Law and detailed in the Charter of Organization and Operation of National Universities and member higher education institutions issued by the Prime Minister.

2. The Prime Minister decides on the establishment of member universities and research institutes of National Universities; the Minister of Education and Training decides on the establishment of Branches (if any) of National Universities.

Article 5. National University Council

1. The National University Council has the following tasks and powers:

a) Approving the strategy, planning, and development plans of the National University;

b) Resolving on the direction of training activities, scientific research, technology, international cooperation, and ensuring the quality of higher education at the National University;

c) Resolving on the organizational structure and development direction of the National University;

d) Resolving on the establishment, dissolution, merger, division, and separation of organizations within the National University, and approving proposals for the establishment, dissolution, merger, division, and separation of organizations according to the Higher Education Law and the Science and Technology Law;

đ) Supervising the implementation of resolutions of the National University Council and the implementation of democratic regulations in the activities of the National University.

2. Members of the National University Council include:

a) The Director, Deputy Directors; Secretary of the Party Committee, Chairman of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union of the National University; Rectors of member universities; Directors of member research institutes;

b) Representatives of state management agencies; some members active in the fields of education, science, technology, production, and business.

3. The term of office of the National University Council is five years and follows the term of the Director of the National University. The National University Council operates under the principle of collective decision-making based on majority rule.

4. Procedures for establishment, number, and composition of members; tasks and powers of the National University Council; standards, tasks, and powers of the Chairperson and Secretary; procedures for appointing and relieving the Chairperson and members of the National University Council are specifically regulated in the Charter on the organization and operation of the National University and its member higher education institutions issued by the Prime Minister.

5. The Prime Minister decides on the appointment and removal of the Chairperson of the National University Council.

Article 6. Director and Deputy Directors of the National University

1. The Director of the National University represents the National University before the law, is responsible for managing the activities of the National University in accordance with the law and this Decree; has the following tasks and powers:

a) Issuing internal regulations within the National University within their authority;

b) Deciding on the establishment, merger, division, separation, and dissolution of organizations within the National University based on the resolutions of the National University Council, and deciding on the appointment and removal of heads and deputy heads of member units and directly subordinate units of the National University within the assigned authority;

c) Organizing the implementation of resolutions of the National University Council;

d) Developing and organizing the implementation of human resource development work for lecturers and managers of the National University;

đ) Organizing the implementation of training activities, scientific research, international cooperation, and ensuring the quality of higher education at the National University;

e) Implementing information and reporting systems and being subject to supervision, inspection, and audit of the activities of the National University as prescribed;

g) Establishing and implementing grassroots democracy regulations; adopting opinions and being subject to supervision by individuals, organizations, and mass organizations within the National University;

h) Annually reporting the results of the Director's performance and the Board of Directors to the National University Council;

i) Being the account holder, bearing responsibility under the law for all financial management and property of the National University; exercising autonomy and public accountability in financial matters as prescribed by law; complying with accounting and auditing regulations;

k) Other tasks and powers as prescribed by law.

2. Deputy Directors of the National University assist the Director of the National University in managing and operating the activities of the National University; directly overseeing certain areas of work as assigned by the Director of the National University and handling tasks delegated by the Director of the National University; are responsible to the Prime Minister, the Director of the National University, and the law for the tasks assigned; the National University shall have no more than four Deputy Directors.

3. The Prime Minister appoints and removes the Director and Deputy Directors of the National University.

Article 7. Effectiveness and responsibility for implementation

1. This Decree takes effect from January 1, 2014, and replaces Government Decree No. 07/2001/NĐ-CP dated February 1, 2001, on the National University.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, and the Director of the National University are responsible for implementing this Decree./.