Decision No. 240-TTg On the Issuance of the Private University Regulation

Pursuant to …;

Regarding the issuance of the Private University Regulation

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the proposal of the Minister of Education and Training.

DECISION:

Article 1. - Issued together with this Decision is the Private University Regulation. This Regulation stipulates fundamental provisions on the format for establishment, management, and operation of private universities to ensure the quality of education at private universities and to create favorable conditions for their development.

Article 2. - The Minister of Education and Training shall be responsible for guiding the implementation of this Regulation.

Article 3. - The Ministers of various Ministries, Heads of agencies equivalent to Ministries, and agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision.

REGULATIONS

PRIVATE UNIVERSITIES

(Issued together with Decision No. 240-TTg dated May 24, 1993)

of the Prime Minister).

PART I

Trading name in English: Vietnam WTOLTBT Notification Authority and Enquiry Point.

Article 1. Private universities are higher education institutions established by individuals or organizations according to this Regulation, with funding provided by private sources or contributions.

Like public, semi-public, and privately-established universities, private universities are educational establishments within the national university system of the Socialist Republic of Vietnam, subject to state management by the Ministry of Education and Training.

Article 2. Private universities differ from public, semi-public, and privately-established universities in terms of construction investment sources, operating funds, and management methods, but all aim to enhance national literacy, train human resources, and cultivate talent for the country. Based on economic and social development needs and the effectiveness of training at each private university, the State may consider providing partial financial support.

Article 3. The establishment of private universities is decided by the Prime Minister based on the proposal of the Ministry of Education and Training and licensed by the Ministry of Education and Training.

Article 4. Private universities established according to this Regulation have legal personality.

The activities of private universities must not contravene the law, harm national security, or violate national ethical and cultural traditions.

Chapter II

ESTABLISHMENT OF PRIVATE UNIVERSITIES

Article 5. Individuals and economic and social organizations are entitled to apply for the establishment of private universities. Separate regulations apply to foreign individuals, overseas Vietnamese, and religious organizations.

Article 6. To establish a private university, a Founding Council must first be organized consisting of:

The investor(s) in the establishment of the private university.

Educators, scientists, and educational managers invited by the investor(s) to assist in establishing the private university.

The Founding Council must submit to the Ministry of Education and Training an application for permission to establish a private university, which must include:

1. The name of the private university,

2. Objectives, tasks, training content, and organization of the training process,

3. Location and construction planning,

4. Total initial capital and assets.

The application for establishment must be accompanied by a list of Founding Council members along with their scientific and educational activity records, social activities, and business operations. Only after approval and permission from the Ministry of Education and Training can the Founding Council of the private university commence its activities.

, Clause 1, Clause 2 Article 7a of this Regulation.. Within a maximum period of one year from the date of permission to operate, the Founding Council must submit to the Ministry of Education and Training a draft organizational plan and Charter of the private university in accordance with the guidelines of the Ministry.

Article 8. After reviewing and approving the draft organizational plan and Charter, the Ministry of Education and Training will issue a permit to open the institution to the Founding Council.

Following permission to open, the Founding Council proceeds to:

Complete the physical facilities of the university.

Nominate the Board of Directors (as specified in Article 11 below) and report to the Ministry of Education and Training for re-examination. If approved, the Ministry of Education and Training will submit to the Prime Minister for a decision allowing the private university to be established and officially commence operations.

The Ministry of Education and Training approves the Board of Directors of the private university and issues a permit for the private university to officially commence operations.

Chapter III

ORGANIZATION AND MANAGEMENT

A. Organizational Structure

Article 9. Based on the objectives, tasks, and scale of the environment, the organizational structure of private universities includes:

1. Training departments,

2. Scientific research units,

3. Administrative and service units.

These organizations and advisory councils must comply with this Regulation and be defined in the Charter of the university.

B. Board of Directors

Article 10. - The Board of Directors has full authority to oversee and evaluate all activities of the private university.

The composition and number of members of the Board of Directors are determined by the Founding Council, including:

1. Not more than two-thirds of the members representing the investors introduced by the Founding Council (those who received the permit).

2. NH PHÓAt least one-quarter of the members must be directly appointed by the Minister of Education.

3. NH PHÓAt least two members representing the teaching staff of the private university, elected by the permanent teaching staff of the private university.

Article 11. - The Board of Directors has the following duties and powers:

1. Determine the scale and fields of training, admission plans, curricula, and research programs.

2. Propose measures to improve the content, curricula, and technical infrastructure of the private university, enhancing and improving the quality of education, training, and research at the private university.

3. Submit proposals for amendments and supplements to the organizational charter and operational regulations of the private university for review and approval by the Ministry of Education and Training.

4. Decide on the establishment, merger, dissolution of units within the private university, and approve staffing levels.

5. Appoint or dismiss the Rector and Deputy Rectors; specifically, the appointment of the Rector requires the approval of the Minister of Education and Training.

6. Decide on the allocation of capital to various funds of the private university and regulate the use of these funds.

Approve the annual settlement of accounts of the private university.

7. Establish recruitment policies, salaries, allowances for teachers, administrative staff, and employees; tuition fees and scholarships for students.

8. Approve quarterly and annual reports submitted by the Rector.

Supervise and inspect the activities of units within the private university.

9. Approve international cooperation plans of the private university (if any).

10. Decide on other matters not falling under the responsibility of any individual in the leadership structure of the private university.

The Board of Directors of the Private University meets regularly every six months.

Article 12. - The term of office for members of the Board of Directors is five years.

Article 13. The Chairman of the Board of Directors is responsible for leading and chairing meetings of the Board of Directors, supervising and inspecting the activities of the Rector between two Board of Directors meetings.

The Chairman of the Board of Directors must be a citizen of the Socialist Republic of Vietnam elected at the first meeting of the Board of Directors chaired by a representative of the Ministry of Education and Training.

C. The Rector

Article 14. - The Rector manages and oversees all activities of the Private University.

The term of office for the Rector is four years.

The Rector operates the affairs of the Private University in accordance with laws and state policies, regulations, and rules set forth by the Ministry of Education and Training, as well as the Charter of the university.

Article 15. - The Ministry of Education and Training may request the Board of Directors to remove the Rector from office if the Rector fails to fulfill their duties or engages in serious violations of the law or breaches the provisions of this Regulation.

Article 16. - The Rector has authority and responsibilities:

1. To represent the Private University before the law.

2. To oversee, inspect, and supervise all daily operations of the Private University.

3. To manage the financial resources and assets of the Private University.

4. To appoint teachers and staff responsible for units under the Private University.

5. To implement regulations of the Board of Directors regarding salaries, wages, scholarships, tuition fees, and rewards and disciplinary actions for faculty, staff, and students.

6. To sign graduation certificates in accordance with the regulations of the Ministry of Education and Training.

7. To report quarterly, annually, and other reports as required by the Board of Directors and the Minister of Education and Training.

Chapter IV

FINANCE

Article 17. The capital of the Private University consists of initial capital, assets considered as capital, and assets acquired during its operation.

Article 18. - Sources of capital as stipulated in Article 17 are derived from:

1. Capital contributions from investors.

2. Capital generated from operations such as tuition fees, research contracts, production labor, and social services.

3. Capital from individual and organizational donations or sponsorships.

4. Borrowed capital and other sources.

5. State budget support (if any).

Article 19. - The allocation of capital into various funds and specific regulations on the use of each fund are determined by the Board of Directors of the Private University in accordance with current state financial laws.

Chapter V

EDUCATION AND SCIENTIFIC RESEARCH

Article 20. - The Private University must strictly comply with the enrollment regulations, curriculum content, assessment of academic performance, and issuance of graduation certificates that have been registered and approved by the Ministry of Education and Training.

Article 21. - The Private University may establish any educational program (except certain special programs exclusively managed by the state) if it meets the following conditions recognized by the Ministry of Education and Training:

a) Having a permanent teaching staff and guest lecturers with a minimum bachelor's degree, where each educational program must have sufficient staff with postgraduate qualifications or equivalent in the relevant field to ensure educational quality.

b) Having detailed curricula and teaching materials approved by the Ministry of Education and Training.

c) Having laboratories and practical training facilities equipped with necessary equipment.

Article 22. - The Private University has the right to issue diplomas and certificates in accordance with the regulations of the Ministry of Education and Training.

Article 23. - The Private University can establish affiliated scientific research institutions and publish scientific publications and materials serving teaching and learning activities in compliance with current state regulations.

Chapter VI

TEACHING STAFF AND ADMINISTRATIVE STAFF

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". The Rector of the Private University has the right to recruit teaching staff and administrative personnel according to the Labor Contract Ordinance.

Article 25.

1. All teaching staff and administrative personnel working in the Private University have obligations and benefits as defined by the Private University; they have the right to join social organizations and associations in accordance with the law.

The Rector of the Private University is responsible for creating conditions for these social organizations and associations to be established and operate in accordance with the law.

2. Individuals who are currently in the state payroll when transferring to work at the Private University will still have their time of service at the private university counted as continuous employment for social insurance benefits provided that the Private University continues to pay social insurance as prescribed by the state.

Chapter VII

STUDENTS

Article 26. - Every Vietnamese citizen and foreign citizen residing legally in Vietnam have the right to apply for admission to the Private University if they meet the following conditions:

a) Possessing the corresponding diploma required for a particular level of education or a specific training program.

b) Not being within the period of criminal investigation by the legal authorities of the Socialist Republic of Vietnam.

Additionally, depending on the type of profession, the Ministry of Education and Training may specify additional conditions.

Article 27. - Students of the Private University enjoy political, economic, and social rights similar to those of public university students.

Students are obligated to pay tuition fees and comply with the internal regulations and charter of the university.

Chapter VIII

INSPECTION, AUDIT, AND DISCIPLINE

Article 28. - The Ministry of Education and Training has the right to inspect and audit the activities of the Private University, and the Private University is responsible for implementing regulations concerning inspection and audit work of the Ministry.

Article 29. - When performing the following tasks, the Private University must undergo inspection and obtain approval from the Minister of Education and Training:

1. Receiving financial assistance, teaching equipment, or other benefits from any organization or individual with a value exceeding a specific amount as prescribed by the Ministry.

2. Borrowing money one or more times with a total exceeding 25% of the value of the Private University's assets at that time; the total debt cannot exceed the value of the Private University's assets.

3. Cooperating in the fields of education and scientific research with foreign countries.

Article 30.. - In case the Private University ceases teaching for more than ten consecutive days outside regular holidays, the Rector is responsible for reporting in writing to the Minister of Education and Training at least three days in advance.

Article 31. - When the physical infrastructure and equipment of a private university do not meet teaching, learning, hygiene, or labor safety conditions, the Minister of Education and Training has the authority to require the rector of the private university to repair and improve within a specified period, or if necessary, order the university to cease operations to address these issues.

Article 32. - A private university shall not permit any person to use its name or facilities for illegal activities or activities inconsistent with the functions of a private university.

Article 33. - If a private university fails to comply with state laws, regulations, and provisions of the Ministry of Education and Training regarding training work or does not ensure training quality according to prescribed standards, the Minister of Education and Training has the authority to:

1. Order the cessation of admissions in certain fields or all training fields.

2. Revoke the right to issue diplomas in certain fields or all training fields.

3. Submit to the Prime Minister a decision to close the private university.

Article 34. - The Minister of Education and Training has the authority to transfer a private university under the supervision of the Ministry and appoint a supervisory committee to perform tasks instead of the Board of Directors and announce the supervision of the private university on mass media when the following situations occur:

1. Insufficient capital to continue operations, with debts exceeding the total value of the university's assets or unstable financial sources affecting the university's operations.

2. Serious violations of the provisions of this regulation or state regulations.

3. Ceased teaching for more than two consecutive months outside of planned periods.

Article 35. - When the Minister of Education and Training has ordered the cessation of supervision, the rector and functional departments of the private university must continue their duties and maintain public order, protect property, and simultaneously hand over these properties along with settlement statements, documents, and other materials related to their activities and assets to the Private University Supervisory Committee.

Article 36. - Upon determining that the private university meets the conditions to resume operations, the Minister of Education and Training will revoke the supervision order and announce it on mass media; the Supervisory Committee must return work and assets to the Board of Directors of the Private University.

Article 37. - Upon issuance of an order to revoke the operating license, the private university must submit all relevant documents concerning training outcomes for the Ministry to issue academic achievement certificates for students.

The Supervisory Committee is permitted to appoint individuals responsible for settling all financial and asset matters of the private university based on legal principles, state financial principles, and the charter of the private university.

Article 38. - Investors of a private university whose operating license has been revoked may only apply for a new license two years from the date of revocation.

Chapter IX

DISSOLUTION AND TRANSFER

Article 39. - When there is an intention to dissolve a private university or transfer shares of the private university to other investors, the investors and the Board of Directors of the private university must report in writing to the Minister of Education and Training the specific details about the dissolution or transfer at least three months prior and obtain approval before proceeding.

Article 40. - For cases mentioned in Article 39, the Minister of Education and Training has the authority to summon investors, founding councils, transferees, and those related to the private university to understand and grasp the situation, and make appropriate decisions based on this information.

Chapter X

IMPLEMENTING PROVISIONS

Article 41. - This regulation applies to all private university institutions from the date of issuance. It may be reviewed and amended at intervals to suit actual social conditions. /