Decision No. 241-TTg Regarding the Collection and Use of Tuition Fees

Pursuant to …;

Regarding the issuance of the Private University Regulation

PRIME MINISTER

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

promulgates a Decree stipulating the criteria for stratification, ranking framework, and ranking standards for higher education institutions.

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 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 private individuals according to this Regulation, with operating funds invested or contributed by private entities.

Like public, semi-public, and privately-established universities, private universities are part of the higher education 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 they all aim to enhance national literacy, train human resources, and cultivate talent for the country. Based on economic and social development needs and the training effectiveness of each private university, the State may consider providing partial funding 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 the Ministry of Education and Training issues the operating license.

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.

PART II

ESTABLISHMENT OF PRIVATE UNIVERSITIES

Article 5. - Individuals, economic, and social organizations are entitled to apply for the establishment of private universities either individually or jointly. 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) establishing 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.

Article 7. - 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 self-drafted organizational project and Charter of the private university in accordance with the Ministry's guidelines.

Article 8. - After reviewing and approving the draft organizational project and Charter, the Ministry of Education and Training will issue a school opening permit to the Founding Council.

Upon receiving 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 for the Ministry of Education and Training to review again. 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 grants it a permit to officially operate.

CHAPTER III

ORGANIZATION AND MANAGEMENT

A. ORGANIZATIONAL STRUCTURE

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

1. Training faculties,

2. Scientific research units,

3. Administrative and service units.

These organizations and advisory councils must be established in compliance with this Regulation and specified 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, enrollment 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 for review and approval by the Ministry of Education and Training regarding amendments and supplements to the organizational Charter and operational regulations of the private university.

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

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 funds to the university's funds and regulate the use of these funds.

Approve the annual financial settlement of the private university.

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

8. Approve quarterly and annual reports of 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 a private university convenes 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, and 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 including:

1. Representing the private university before the law.

2. Managing and overseeing all daily operations of the private university.

3. Managing the financial and property assets of the private university.

4. Appointing teachers and staff responsible for subordinate units of the private university.

5. Implementing Board of Directors' regulations concerning salaries, wages, scholarships, tuition fees, and rewards and disciplinary actions for faculty, staff, and students.

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

7. Reporting quarterly, annual work, and other reports as required by the Board of Directors and the Minister of Education and Training.

PART IV

FINANCE

Article 17. The capital of the private university includes initial capital, assets considered as capital, and assets obtained during its operation.

Article 18. Sources of capital under Article 17 include:

1. Capital contributions from investors.

2. Capital generated from operations such as tuition fees, research contracts, labor production, 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 shall be decided by the private university's Board of Directors in accordance with current state financial laws.

CHAPTER V

EDUCATION AND SCIENTIFIC RESEARCH

Article 20. The private university must strictly comply with admission regulations, training program content, assessment of learning outcomes, 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 training 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, ensuring that each training program has sufficient postgraduate or equivalent staff in the relevant field to ensure training quality.

b) Having detailed training programs, teaching materials, and study materials for subjects 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 may establish scientific research institutions and publish scientific publications and teaching materials in accordance with current state regulations.

Chapter VI

TEACHING STAFF AND ADMINISTRATIVE STAFF

Article 24. The Rector of the private university has the right to recruit teaching and administrative staff in accordance with the Labor Contract Law.

Article 25.

1. All teaching and administrative staff working in the private university have obligations and benefits as stipulated 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 establish and operate in accordance with the law.

2. Individuals currently in the state payroll who transfer to work at the private university will have their time working at the private university counted as continuous service time for social insurance benefits provided that the private university continues to pay social insurance according to state regulations.

Chapter VII

STUDENTS

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

a) Possessing the corresponding diploma as required by a level of education or a specific training program.

b) Not being under criminal investigation by Vietnamese legal authorities.

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

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

Students are obligated to pay tuition fees and comply with the school's internal regulations and charter.

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 inspection and audit regulations set by 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, educational equipment, or other benefits from any organization or individual with a value exceeding a specific amount set 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. If the private university ceases operations for more than ten consecutive days outside regular holidays, the Rector must report 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 right 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 anyone to use its name or facilities to conduct 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 rules 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 right to:

1. Order suspension of admissions in certain programs or all training programs.

2. Revoke the authority to issue diplomas in certain programs or all training programs.

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

Article 34. - The Minister of Education and Training has the right 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 orders 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 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 after a two-year period 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 about the details of dissolution or transfer at least three months prior and obtain approval before implementation.

Article 40. - For cases stipulated in Article 39, the Minister of Education and Training has the right 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. At subsequent times, the regulation may be reviewed and amended to be consistent with actual social conditions./.