MINISTRY OF EDUCATION AND TRAINING       Number: 22/2017/TT-BGDĐT	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness           Hanoi, September 6, 2017

CIRCULAR

Issuing regulations on conditions, procedures, and formalities for opening academic programs and suspending admissions, revoking decisions to open undergraduate academic programs

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

          Pursuant to Decree No. 141/2013/NĐ-CP dated October 24, 2013 of the Government detailing and guiding the implementation of certain provisions of the Higher Education Law;

          Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

          Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decision No. 26/2014/QĐ-TTg dated March 26, 2014 of the Prime Minister promulgating the Regulation on organization and operation of National Universities and member institutions;

          At the proposal of the Director of the Department of Higher Education,

          The Minister of Education and Training issues this Circular stipulating conditions, procedures, and formalities for opening academic programs and suspending admissions, revoking decisions to open undergraduate academic programs:

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates conditions, procedures, and formalities for opening academic programs and suspending admissions, revoking decisions to open undergraduate academic programs.

Article 2. This Circular applies to national universities, regional universities, academies, and colleges (hereinafter referred to collectively as training institutions), and related organizations and individuals.

Article 2. Conditions for Opening Academic Programs

Training institutions may open undergraduate academic programs when they meet the following conditions:

1. Academic Program:

  a) The registered academic program must be in line with social needs and learners' demands; it must align with human resource requirements for economic and social development at local, regional, and national levels; it must fit the functions and tasks of the training institution. The decision to open the academic program has been determined in the institution's development orientation and plan.

          b) The name of the registered academic program must be included in the List of Education and Training Level IV (referred to as the Training List).

In cases where the registered academic program is not listed in the Training List (referred to as a new program), the training institution must clarify:

- Scientific grounds and societal demand for the new program (including at least two opinions from two organizations or agencies that require the trained workforce);

- Practical experience and training experience from other countries, accompanied by at least two reference training programs from foreign higher education institutions recognized for quality or permitted to implement and award degrees (except for programs only offered in Vietnam or those related to security and defense).

2. Teaching staff and research personnel (referred to as permanent teaching staff) must ensure sufficient quantity, quality, level, and structure to organize undergraduate training for the registered academic program without overlapping with permanent teaching staff required for other currently offered undergraduate programs, including at least one Ph.D. in the same field responsible for organizing and implementing the training program and committing to ensuring training quality before the training institution and society; specifically:

a) There must be at least ten permanent teaching staff with master’s degree or higher in the same or closely related fields to the registered academic program, including at least one Ph.D. and four master’s degree holders, or two Ph.D.s and two master’s degree holders in the same registered academic program; except for programs specified in points b, c, and d of this Clause.

b) For language and foreign culture programs (excluding English, Russian, French, German, and Chinese languages), there must be at least six permanent teaching staff with master’s degree or higher in the same or closely related fields to the registered academic program, including one Ph.D. and three master’s degree holders, or two Ph.D.s and one master’s degree holder in the same registered academic program.

c) For some health-related programs:

- Teachers and practical instructors for subjects and courses related to diagnosis and treatment must have a medical practice certificate and must be directly working at qualified healthcare facilities for practical training in health-related programs according to regulations.

- Each subject in the foundational or specialized curriculum must have at least one permanent teaching staff with a degree, thesis, or dissertation relevant to the subject, responsible for teaching; among them, the minimum number of Ph.D.s must be as follows:

General Medicine: at least two Ph.D.s in life sciences, six Ph.D.s in clinical medicine, and one Ph.D. in preventive medicine (or public health).

Traditional Chinese Medicine: at least two Ph.D.s in life sciences, three Ph.D.s in traditional Chinese medicine, and one Ph.D. in preventive medicine (or public health).

Dentistry: at least two Ph.D.s in life sciences, two Ph.D.s in clinical medicine, and three Ph.D.s in dentistry.

Preventive Medicine: at least two Ph.D.s in life sciences, one Ph.D. in clinical medicine, and four Ph.D.s in preventive medicine (or public health).

Pharmacy: at least two Ph.D.s in foundational pharmacy disciplines and three Ph.D.s in specialized pharmacy disciplines.

d) For training programs in the Arts group, there must be at least ten (10) full-time lecturers in the same field or a closely related field, including at least one (1) doctoral degree holder and three (3) master's degree holders in the registered training program. If a new program is opened where there is no domestic institution offering master’s or doctoral degrees, the doctoral degree holder can be replaced by a People's Artist with a bachelor's degree in the same field, and the master's degree holder can be replaced by an Excellent Artist with a bachelor's degree in the same field.

đ) Full-time lecturers must teach at least seventy percent (70%) of the training program volume; the remaining knowledge volume must be taught by visiting lecturers (domestic and foreign) who have signed a visiting lecturer contract with the training institution. Both full-time and visiting lecturers must have expertise relevant to the content of the courses they are assigned to teach.

For non-state-owned training institutions, at least forty percent (40%) of the full-time lecturers teaching the registered training program must be within the working age.

In cases where training is conducted at a branch for a program already permitted at the main campus, if the branch is far from the main campus or inconvenient for commuting (lecturers cannot regularly travel back and forth on the same day to teach), the branch must ensure at least forty percent (40%) of the required full-time lecturers as stipulated in this clause; the remaining full-time lecturers are those at the main campus.

e) For new fields without domestic master’s or doctoral graduates, if the number of full-time lecturers with master’s or doctoral degrees in the same field does not meet the requirements, they may be replaced by lecturers with master’s or doctoral degrees in closely related fields. These lecturers must have at least five (5) years of experience teaching at the undergraduate level and have published at least two (2) scientific works in the field of the registered training program within the last five (5) years up to the date the training institution registers to open the program.

3. Physical facilities, equipment, libraries, and textbooks must meet the requirements for teaching, research, and learning according to the needs of the registered undergraduate training program; specifically:

a) There must be sufficient classrooms, laboratories, workshops, experimental production bases equipped with necessary facilities to meet the requirements for teaching, learning, and scientific research of the registered training program, ensuring compliance with the minimum equipment list prescribed for the industry or group of industries (if applicable); there must be contracts for practical teaching and internship collaborations with enterprises and production facilities in the field of the newly opened program.

          For certain fields within the Health group, the conditions for external practice facilities are implemented according to current regulations; the conditions for practice facilities within the training institution are specified as follows:

          - General Medicine: Must have at least laboratories and practical rooms for Biology and Medical Genetics, Biochemistry, Physiology, Histology, Embryology, Biochemistry, Microbiology - Parasitology, Pathology, Physiological Pathology - Immunology, Pharmacology, Nutrition and Food Safety, Environmental Health and Occupational Health, Basic Nursing. The pre-clinical center must have at least practical rooms for specialized knowledge blocks such as internal medicine, surgery, obstetrics-gynecology, pediatrics, emergency care, and basic nursing.

          - Traditional Chinese Medicine: Must have at least laboratories and practical rooms for Biology and Medical Genetics, Biochemistry, Physiology, Histology, Embryology, Biochemistry, Microbiology - Parasitology, Pathology, Physiological Pathology - Immunology, Pharmacology, Herbal Medicine, Basic Nursing. The pre-clinical center must have at least practical rooms for specialized knowledge blocks such as internal medicine, surgery, emergency care, nursing, acupuncture, massage - health maintenance, herbal medicines, prescriptions.

          - Dentistry: Must have at least laboratories and practical rooms for Biology and Medical Genetics, Biochemistry, Physiology, Histology, Embryology, Biochemistry, Microbiology - Parasitology, Pathology, Physiological Pathology - Immunology, Pharmacology, Nutrition and Food Safety, Basic Nursing. The pre-clinical center must have at least practical rooms for specialized knowledge blocks such as dental treatment and endodontics, restorative dentistry, orthodontics, periodontics, oral and maxillofacial surgery, and prosthodontic laboratory.

          - Preventive Medicine: Must have at least laboratories and practical rooms for Biology and Medical Genetics, Biochemistry, Physiology, Histology, Embryology, Biochemistry, Microbiology - Parasitology, Pathology, Physiological Pathology - Immunology, Pharmacology, Nutrition and Food Safety, Environmental Health and Occupational Health, Basic Nursing. The pre-clinical center must have at least practical rooms for specialized knowledge blocks such as internal medicine, surgery, obstetrics-gynecology, pediatrics, emergency care, and nursing.

          - Pharmacy: Must have at least laboratories and practical rooms for Physics, General Inorganic Chemistry, Biology, Analytical Chemistry, Anatomy - Physiology, Physiological Pathology - Immunology, Biochemistry, Microbiology - Parasitology, Herbal Medicine, Organic Chemistry, Pharmacology, Medicinal Herbs, Pharmaceutical Chemistry, Traditional Chinese Pharmacy, Formulation, Clinical Pharmacy, Pharmaceutical Industry, Drug Testing, Microbial Extraction. There must be at least one practical pharmacy.

- Nursing Department: must have at least laboratories and practical rooms for Biology and medical genetics, Biochemistry, Chemistry, Anatomy, Physiology, Clinical Biochemistry, Microbiology - Parasitology, Pathological Anatomy, Pathophysiology - Immunity, Pharmacology, Therapeutic Nutrition, Environmental Health, Traditional Medicine, Basic Nursing. The preclinical center must have at least practical rooms for specialized knowledge blocks such as: internal medicine health care; surgical health care; women's and maternal health care and family; children's health care; rehabilitation care for those who need functional recovery.

b) Must have libraries, including electronic libraries, ensuring sufficient materials to support teaching, research, and learning for faculty members and students.

c) The online information system of the training institution must be updated regularly and publicly announce quality education commitments and accreditation results; publicly disclose the list of full-time faculty, visiting lecturers, admitted students, graduates, and degree recipients annually according to each course and major (except for majors that require confidentiality under the law); the employment rate of graduates within one year after graduation from majors currently being trained; publicly disclose tuition fees and training costs of the institution; publicly disclose the exit standards and training programs of all majors currently organized.

If the training institution implements undergraduate training at branch campuses for majors already permitted to be established at the main campus, the facilities at the branch campuses must meet the conditions stipulated in point a, point b, of this Clause.

4. Training program and other conditions for implementing the program:

a) The training program of the registered major must ensure the standard of knowledge and skills of graduates and meet the requirements for inter-level connections and with other training programs.

        b) The training program and detailed syllabus of the registered major must be developed to ensure the exit standards and be consistent with the current National Qualifications Framework of Vietnam.

        c) The training program (in accordance with Appendix I) shall be issued by the head of the training institution after being approved by the scientific and training council and will be implemented if authorized by the competent authority to open the major.

d) Has registered for higher education quality assessment or been recognized as meeting the quality standards according to current regulations;

đ) Has a dedicated management unit that meets the professional requirements for training management; has issued regulations on undergraduate training;

e) Does not violate current regulations regarding the conditions for opening majors, admissions, organization, and management of training in currently offered majors and related higher education regulations within three years prior to the date of application to open a major.

Article 3. Authority to Decide on Permission to Open Majors

1. The Minister of Education and Training decides to permit the opening of majors when the training institution meets the conditions stipulated in Article 2 of this Circular. In special cases to meet the demand for high-quality human resource training or in specific training fields, the Minister of Education and Training may consider and decide to permit the opening of majors.

2. The President of the National University is authorized to independently decide on opening undergraduate majors for affiliated departments, branch campuses, and member universities when they meet the conditions stipulated in Article 2 of this Circular;

The heads of training institutions recognized by the competent authority as having reached national standards or delegated the authority to independently open majors can independently decide on opening undergraduate majors when they meet the conditions stipulated in Article 2 of this Circular.

3. The President of the Regional University, authorized by the Minister of Education and Training, decides on opening majors when they meet the conditions stipulated in Article 2 of this Circular for affiliated departments, branch campuses, and member universities.

Article 4. Procedure and formalities for registering to open majors

1. When there is a need to open a major and self-assessment confirms compliance with the conditions for opening undergraduate majors as stipulated in Article 2 of this Circular, the training institution shall implement the following steps:
   1. The head of the training institution directs the verification and confirmation of actual conditions for opening majors according to the model in Appendix II. The head of the training institution is responsible for the authenticity of the confirmed conditions for opening majors;
   2. Review the training program and conditions to ensure training quality as stipulated in Article 5 of this Circular;
   3. Submit the application for opening a major according to the provisions of Clause 2, Article of this Circular to the competent authority deciding on permission to open a major as stipulated in Article 3 of this Circular.

2. Application for opening a major includes:

a) A letter from the training institution requesting permission to open a major (summarizing the process of developing the proposal to open a major and affirming compliance with the conditions for opening a major as stipulated);

b) Resolution of the University Council (for branch campuses, affiliated departments of the National University, Regional University), School Council (for public university training institutions), Board of Directors (for private university training institutions) on opening a new major;

c) The proposal to open a major developed according to the provisions in Appendix III, including the following main contents:

- The necessity of opening a major;

- The capacity of the training institution (faculty and scientific staff of the proposed major; facilities, equipment, library, textbooks; scientific research activities and international cooperation);

- Summary of the training program and training plan (including both admission criteria and projected admissions over the first three years);

- Minutes of the Scientific Training Council of the training institution approving the proposal to open a major;

d) Scientific curriculum vitae of permanent lecturers according to the form attached at Appendix IV and the self-assessment form for implementing the conditions for opening a training program of the training institution according to the form attached at Appendix V;

đ) Evidence of social demand for the new program to be opened, including the employment situation survey results of graduates in the same field in the locality, region; opinions of agencies and enterprises using labor, forecasting human resource needs in the field serving economic and social development.

e) Evidence of building and evaluating the training program, including: Decision on establishing the program drafting team; Decision on establishing the Program Evaluation Council and quality assurance conditions (hereinafter referred to as the Evaluation Council); Conclusion of the Evaluation Council; Explanation document of the training institution regarding adjustments and supplements to the training program and quality assurance conditions according to the Evaluation Council's conclusion (if any).

3. The application for opening a training program shall be prepared in two (2) copies and sent to the competent authority deciding to allow the opening of the training program (directly or via postal service) and must be publicly announced on the training institution’s website at least twenty (20) days before sending the application.

Article 5. Evaluation of the Training Program and Quality Assurance Conditions

          1. After confirming the actual quality assurance conditions, the training institution establishes the Evaluation Council. The decision to establish the Evaluation Council must clearly state the position, educational qualifications, training program, and workplace of each member of the Evaluation Council.

          2. In addition to the current standards and structure of the Program Evaluation Council, the members of the Evaluation Council must be an odd number; at least two (2) members from other training institutions with experience in training the same or related fields (if the registered training program is a new field) must be invited, including at least one (1) professor or associate professor (excluding members representing the employer of postgraduate students).

          3. Based on the draft training program and current regulations, the Evaluation Council conducts an evaluation and concludes on the training program; simultaneously, based on the confirmed actual quality assurance conditions of the training institution, it assesses and concludes whether the training institution meets the quality assurance requirements of the training program according to current regulations. For programs requiring equipment and experimental facilities as stipulated in Clause 3, Article 2 of this Circular, the Evaluation Council checks the actual conditions before concluding.

          4. The minutes of the evaluation must bear the signatures and full names of the Chairman and Secretary of the Evaluation Council and the seal of the training institution.

Article 6. Examination and Decision to Open a Training Program

1. After receiving the application dossier for opening a training program from the training institution, the competent authority deciding on the opening of the training program shall organize the examination of the dossier:

a) If the application dossier for opening a training program is complete and meets the prescribed conditions, the head of the competent authority deciding on the opening of the training program shall issue a decision allowing the opening of the training program;

b) If the application dossier for opening a training program is incomplete or does not meet the prescribed conditions, the competent authority deciding on the opening of the training program shall notify the training institution in writing of the results of the review and the contents that do not comply with the regulations.

2. The examination of the dossier for opening a training program shall be completed within thirty working days from the date of receipt of the dossier from the training institution.

Article 7. Suspension of Admissions for a Training Program

1. A training institution shall be suspended from admissions for a training program when one of the following situations occurs:

a) It fails to ensure one of the conditions stipulated in Article 2 of this Circular;

b) It organizes admissions and training outside the permitted location for conducting training activities;

c) It violates education laws and regulations to such an extent that it must be suspended from admissions;

d) It fails to comply with the provisions of Clause 1, Article 11 of this Circular;

đ) Other cases as prescribed by law.

2. The Minister of Education and Training shall decide to suspend admissions for a training program for training institutions violating the provisions of Clause 1 of this Article. The suspension period shall range from twelve to twenty-four months.

The decision to suspend admissions for a training program must clearly specify the reasons for the suspension, the duration of the suspension, and specific measures to ensure the rights of students and lecturers.

3. After the suspension period, if the cause leading to the suspension has been resolved and the conditions stipulated in Article 2 of this Circular are met, the Minister of Education and Training shall decide to allow the training institution to resume admissions.

Article 8. Revocation of Decision to Open a Training Program at the bachelor's level

1. A training institution shall have its decision to open a university-level training program revoked by the Ministry of Education and Training when one of the following situations occurs:

a) It engages in fraudulent behavior to obtain permission to open a university-level training program;

b) It seriously violates regulations on admissions, management, and organization of training;

c) It fails to resolve the cause leading to the suspension after the suspension period;

d) It violates education laws and regulations to such an extent that the decision to open a training program must be revoked;

đ) Other cases as prescribed by law.

2. The decision to revoke the permission to conduct training must clearly specify the reasons for revocation, specific measures to ensure the rights of students and lecturers; and be publicly announced on the Ministry of Education and Training's electronic portal.

Article 9. Responsibilities of Training Institutions, Appraisal Councils, and Units Invited to Participate in Appraisal Councils

1. The head of the training institution shall be responsible for:

a) Ensuring the truthfulness and accuracy of the application dossier for opening a university-level training program;

b) Providing full information, documents, and evidence when requested by the Appraisal Council or competent authorities;

c) Being responsible for the conditions ensuring the quality of the training institution's university-level training activities;

d) Establishing an Appraisal Council and organizing the appraisal of the training program and the conditions ensuring the quality of training in accordance with regulations;

e) Allocating funds and paying according to current regulations for the implementation of inspections, confirmation of actual conditions; appraisal of the training program and the conditions ensuring the quality of training;

f) Organizing internal inspections, audits, and handling violations in accordance with the law and being subject to inspections and audits by the Ministry of Education and Training and competent authorities regarding the conditions ensuring the quality of training.

g) The heads of training institutions specified in Clauses 2 and 3, Article 3 of this Circular shall organize the examination of the dossier and the conditions for opening a university-level training program, make decisions to open the program, and submit the decision to open the program along with the dossier to the Ministry of Education and Training in accordance with Clause 2, Article 4 of this Circular.

2. The Chairman and members of the Appraisal Council shall be responsible for the truthfulness and accuracy of the appraisal results of the training program and the conditions ensuring the quality of training; and be subject to inspections, audits, and supervision by the Ministry of Education and Training and competent authorities.

3. Units with lecturers or scientific staff invited to participate in the Appraisal Council shall facilitate these members in completing their tasks.

Article 10. Responsibilities of relevant units under the Ministry of Education and Training

1. Organizing the examination of files and conditions for opening undergraduate training programs at educational institutions in accordance with regulations.

2. Directing, guiding, inspecting, and auditing the implementation of regulations on opening undergraduate training programs to ensure training quality.

Article 11. Transitional Provisions

1. For ongoing training programs, within two years from the date this Circular takes effect, educational institutions must review and supplement the conditions to ensure training quality as stipulated in Article 2 of this Circular; report to the Ministry of Education and Training.

2. After five consecutive years without admitting students to a permitted training program, if they wish to resume admissions and training, educational institutions must re-register to open the training program in accordance with the provisions of this Circular.

3. For new programs, within two graduation cohorts, educational institutions must organize an evaluation of the training program, training quality and effectiveness, employment outcomes for graduates, opinions of employers regarding the training program and human resource needs, as a basis for requesting the Ministry of Education and Training to continue training and to include the name of the new program in the list of training programs.

        Article 12. Effective Date

1. This Circular takes effect from October 23, 2017;

2. This Circular replaces the provisions on opening undergraduate training programs in Circular No. 08/2011/TT-BGDĐT dated February 17, 2011, issued by the Minister of Education and Training, concerning conditions, files, procedures for opening training programs, suspending admissions, revoking decisions to open training programs at the undergraduate and college levels, and abolishes individual provisions related to opening undergraduate training programs issued by the Ministry of Education and Training before this Circular takes effect.

Article 13. Implementation Organization

The Director of the Ministry's Office, the Head of the Higher Education Department, the Heads of relevant units under the Ministry of Education and Training; the Heads of educational institutions; organizations and individuals related to this matter are responsible for implementing this Circular.