Law Amending and Supplementing Certain Articles of the Higher Education Law No. 34/2018/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE LAW ON HIGHER EDUCATION

On the basis of The Constitution of the Socialist Republic of Vietnam;

The National Assembly enacted the Law Amending and Supplementing Certain Articles of The Higher Education Law No. 08/2012/QH13 has been amended and supplemented with certain provisions pursuant to Law No. 32/2013/QH13, Law No. 74/2014/QH13 and Law No. 97/2015/QH13.

Article 1. Amendments and supplements to certain provisions of the Higher Education Law

1. Amend and supplement Article 2 as follows:

"Article 2. Scope of Application

1. This Law applies to higher education institutions, organizations and individuals related to higher education.

2. Academies and institutes established by the Prime Minister under the provisions of the Science and Technology Law shall be permitted to train doctoral level programs and conduct admissions and training in accordance with this Law.”

2. Amending and supplementing Clause 4 as follows:

"Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Higher education institutionis a school within the national education system that performs functions of training at various levels of higher education, scientific and technological activities, and serving the community.

2. University, academy(hereinafter referred to collectively as university) is a higher education institution that trains and researches multiple fields, organized according to the provisions of this Law.

3. Universityis a higher education institution that trains and researches multiple areas, organized according to the provisions of this Law; constituent units of the university jointly implement common goals, missions, and tasks.

4. Constituent unitis a university or research institute with legal personality, established or permitted to be established by the Prime Minister in accordance with the law; operates autonomously in organization and activities in accordance with the law and the charter of the university.

5. Subordinate unitis a unit with legal personality of a higher education institution, established by the university council or the university board; operates in accordance with the law and the charter of the higher education institution.

6.Unit underis a unit without legal personality of a higher education institution, established by the university council or the university board; operates in accordance with the charter of the higher education institution, consistent with the provisions of the law.

7. Schoolis a training unit of a higher education institution, established by the university council or the university board in accordance with the regulations of the Government, operating in accordance with the charter of the higher education institution.

8. Fieldis a collection of specialized knowledge and skills within the scope of professional activities, science and technology, compiled and classified by the Ministry of Education and Training.

9. Specializationis a part of specialized knowledge and skills within a field, determined by the higher education institution.

10. Areais a collection of groups of fields sharing common specialized knowledge and skills within the scope of professional activities, science and technology, compiled and classified by the Prime Minister.

11. Autonomy rightsare the rights of higher education institutions to independently determine their objectives and choose methods to achieve them; to make decisions and be accountable for professional, academic, organizational, personnel, financial, property, and other activities based on the provisions of the law and the capacity of the higher education institution.

12.Accountabilityis the responsibility of higher education institutions to report and disclose information to students, society, competent management agencies, owners, and relevant parties regarding compliance with legal provisions and the implementation of the institution's commitments.”

3. Amend and supplement Article 6 as follows:

"Article 6. Levels and forms of higher education training

1. The levels of higher education training include bachelor’s degree, master’s degree, and doctoral degree.

2. Forms of training to award diplomas at these levels of higher education include regular, part-time, and distance learning. Conversion between training forms is carried out according to the principle of interconnection.

3. Higher education institutions may organize continuing education activities, provide short-term training services to issue certificates and certifications in accordance with the regulations of the law and the training fields and areas of each institution to meet the lifelong learning needs of learners.

4. The Government shall stipulate the training levels for specific specialized fields.”

4. To amend and supplement Article 7 as follows:

"Article 7. Higher education institutions

1. Higher education institutions have legal personality, including universities, colleges, and other higher education institutions named in accordance with the law.

National universities and regional universities are universities tasked with strategic national missions and regional development of the country.

2. Types of higher education institutions include:

a) Public higher education institutions funded by the State, ensuring operational conditions, and representing the owner;

b) Private higher education institutions funded by domestic or foreign investors, ensuring operational conditions.

Non-profit private higher education institutions are those where investors commit to non-profit operations, recorded in the decision to establish or change the type of higher education institution; operate non-profit, do not withdraw capital, do not enjoy profits; annual accumulated profits belong to the unified common ownership,不分段落继续翻译剩余的内容：

are not divided for continued investment and development of higher education institutions.

Only private higher education institutions can be converted to non-profit private higher education institutions.

3. All types of higher education institutions are equal before the law.

4. Based on capacity and socio-economic development requirements, higher education institutions determine their development goals and orientation as follows:

a) Research-oriented higher education institutions;

5. The Government shall specify in detail the recognition of universities oriented towards research based on training and research results; the transformation of university into a university; the linkage of universities into a university; the conversion of private higher education institutions into non-profit private higher education institutions; the principles for naming and renaming higher education institutions; the organization and operation of higher education institutions established under agreements between the Government of the Socialist Republic of Vietnam and foreign signatories.”

5. Amend and supplement Article 9 as follows:

“Article 9. Ranking of Higher Education Institutions

1. Ranking of higher education institutions aims to evaluate reputation, quality, and effectiveness of operations according to certain criteria, meeting the information needs of individuals and organizations related to such institutions.

2. Higher education institutions shall proactively select and participate in reputable domestic and international ranking tables.

3. Non-commercial legal entities in Vietnam may conduct rankings of higher education institutions; they must ensure honesty, objectivity, transparency, and responsibility for publicly disclosing methods, criteria, and ranking results.”

6. Amending and supplementing Article 11 as follows:

“Article 11. Planning of the Network of Higher Education Institutions

1. The establishment of plans for the network of higher education institutions must ensure efficient use of resources; harmonize the public and private higher education systems; develop non-profit private higher education institutions; create mechanisms for forming universities and large university centers in the country, meeting the learning needs of the people, implementing sustainable development goals, serving industrialization, modernization, and international integration.

2. The planning of the network of higher education institutions shall be carried out in accordance with the provisions of the Law on Planning and the following contents:

a) Determining the objectives and directions for the development of the higher education system;

b) Issuing standards for higher education institutions to implement the planning;

c) Arranging space and allocating resources to develop the network of higher education institutions, improving the quality of training, in line with the goal of training high-level human resources, developing key economic regions and areas with special difficulties in socio-economic conditions.

3. The establishment, review, approval, publication, adjustment, and implementation of the planning of the network of higher education institutions shall be carried out in accordance with the provisions of the law on planning and other relevant laws.”

7. Amending and supplementing Article 12 as follows:

“Article 12. State Policy on the Development of Higher Education

1. Developing higher education to train high-level human resources, meeting the requirements of socio-economic development, ensuring national defense and security.

2. Allocating the budget and resources for higher education according to the principle of competition, equality, and efficiency through investment expenditure, research and development expenditure, commissioned research and training, scholarships, student loans, and other forms.

Prioritizing and providing incentives in land, tax, credit, and other policies to develop higher education.

3. Prioritizing investment in the development of some higher education institutions, fields of study at regional and international levels, and high-quality teacher training institutions; developing specific fields and higher education institutions with sufficient capacity to undertake national strategic tasks and regional development tasks.

Encouraging the restructuring and merger of universities into large universities; applying technology in higher education.

4. Implementing socialization in higher education, encouraging the development of private higher education institutions; prioritizing non-profit private higher education institutions; providing preferential policies for organizations, businesses, and individuals investing in educational and training activities, science and technology at higher education institutions; providing tax exemption and reduction policies for assets donated, supporting higher education, granting scholarships, and participating in student loan programs.

5. Implementing comprehensive policies to ensure the autonomy of higher education institutions linked to accountability.

6. Linking training with labor market demands, researching and applying science and technology; promoting cooperation between higher education institutions and businesses, scientific and technological organizations; providing tax incentives for scientific and technological products of higher education institutions; encouraging agencies, organizations, and businesses to accept and create conditions for students and lecturers to practice, intern, conduct scientific research, and transfer technology, contributing to improving the quality of training.

7. Attracting, utilizing, and rewarding appropriately to improve the quality of lecturers; focusing on developing a team of lecturers with doctoral and professor qualifications in leading fields within higher education institutions.

8. Prioritizing those benefiting from social policies, ethnic minority groups, people in areas with special difficulties in socio-economic conditions, and students in specific fields to meet the demand for human resources for socio-economic development; implementing gender equality in higher education.

9. Encouraging and promoting international cooperation and integration to develop Vietnamese higher education at par with regional and global standards.”

8. Amend and supplement Article 14 as follows:

“Article 14. Organizational Structure of Universities

1. The organizational structure of universities includes:

a) University Board, Academy Council (hereinafter referred to collectively as the university board);

b) University President, Academy Director (hereinafter referred to collectively as the university president); Deputy University President, Deputy Academy Director (hereinafter referred to collectively as the deputy university president);

c) Scientific and Training Council; other councils (if any);

d) Departments, functional offices, libraries, scientific and technological organizations, other training service organizations;

đ) Schools, branch campuses, research institutes, service bases, enterprises, business units, and other units (if any) according to the development needs of the university.

2. The specific organizational structure of universities, the relationship and degree of autonomy of affiliated units shall be specified in the charter of the organizational and operational regulations of the university.”

9. Amend and supplement Article 15 as follows:

“Article 15. Organizational Structure of Universities

1. The organizational structure of universities includes:

a) University Council;

b) University Director; Deputy University Director;

c) Scientific and Training Council; other councils (if any);

d) University, member research institute (if any); school, functional department, scientific and technological organization, library, and other training service organizations;

đ) Department, branch campus, research institute, center, service facility, enterprise, business establishment, and other units (if necessary) according to the development needs of the university.

2. The specific organizational structure of the university, the relationship, and the degree of autonomy of member units and subordinate units of the university shall be stipulated in the charter on the organization and operation of the university.”

10. Amend and supplement Article 16 as follows:

“Article 16. Board of Directors of Public Universities

1. The Board of Directors of public universities is a governing body that exercises the representative rights of the owner and related parties.

2. The Board of Directors of public universities has the following responsibilities and authorities:

a) Deciding on the strategic plans, annual development plans of the university; the policy for developing the university into a university or merging with another university;

b) Issuing the charter on the organization and operation, financial regulations, and grassroots democracy regulations of the university in accordance with this Law and other relevant laws;

c) Deciding on the admission policies, opening new majors, training programs, joint training programs, scientific and technological activities, international cooperation; policies ensuring the quality of higher education, cooperation between the university and enterprises, labor-using units;

d) Deciding on the organizational structure, labor structure, establishment, merger, division, dissolution of university units; issuing job position lists, standards, and working conditions for each position; regulations on recruitment, utilization, management of officials, lecturers, civil servants, and workers in accordance with the law;

đ) Deciding and submitting to the competent authority for decisions on recognizing, dismissing, or relieving the rector of the university; appointing, dismissing, or relieving the deputy rector of the university based on the rector's proposal; deciding on other managerial positions as stipulated in the charter on the organization and operation of the university; organizing annual performance evaluations of the chairman of the board of directors and the rector of the university; conducting confidence votes for the chairman of the board of directors and the rector of the university halfway through their term or at any time as stipulated in the charter on the organization and operation of the university;

e) Deciding on policies to attract investment capital for university development; tuition fees, student support; approving financial plans; reviewing annual financial reports and final accounts for legitimate income sources of the university;

g) Deciding on major investment and asset usage within the university's authority as stipulated in the charter on the organization and operation of the university; deciding on salary, bonus, and other benefits for leadership and management positions based on results and effectiveness, and other matters as stipulated in the charter on the organization and operation of the university;

h) Supervising the implementation of board of directors' decisions, compliance with the law, democratic practices in university operations, and the accountability of the rector; supervising financial and asset management; reporting annually to the full assembly of the university on supervision results and board of directors' activities;

i) Adhering to the law; being accountable before the law, competent authorities, and related parties for board of directors' decisions; implementing transparency and open information, reporting systems; being subject to inspection and audit by authorized agencies; fulfilling accountability within the scope of the board of directors' responsibilities and authorities; being subject to social, individual, and organizational oversight within the university;

k) Fulfilling other responsibilities and authorities as stipulated in the charter on the organization and operation of the university.

3. The number, composition, and responsibilities of members of the board of directors of public universities are defined as follows:

a) The number of board of directors members must be odd, at least 15 people, including both internal and external university members;

b) Internal university members include ex officio members and those elected by the full assembly or representative conference of the university.

Ex officio members include the secretary of the party committee, the rector of the university, the chairman of the trade union, and representatives of the Communist Youth Union Central Committee who are students of the university.

Elected members include representatives of lecturers accounting for a minimum of 25% of the total number of board of directors members; representatives of civil servants and workers;

c) External university members account for a minimum of 30% of the total number of board of directors members, including representatives of the competent authority; community representatives elected by the full assembly or representative conference of the university, including leaders, managers, educators, cultural figures, scientists, entrepreneurs, alumni, and representatives of labor-using units;

d) Board of directors members fulfill and are responsible for tasks assigned by the chairman of the board of directors and other tasks as stipulated by law and the charter on the organization and operation of the university; fully participate in all board of directors meetings and are responsible for performing their duties and authorities;

4. The criteria for electing the chairman of the board of directors and the responsibilities and authorities of the chairman of the board of directors of public universities are defined as follows:

a) The chairman of the board of directors is a person with good political qualities, morality, reputation, experience in managing higher education, sufficient health to perform the task; age requirements for assuming the position of chairman of the board of directors as stipulated by law;

b) The rector of the university council shall be elected from among the members of the university council by majority vote, secret ballot, and recognized by a decision of the competent authority; in case an external member of the university wins the election for rector, such member must become a permanent staff member of the university; the rector shall not concurrently hold any management positions within the university;

c) The rector shall have the responsibility and authority to direct and organize the implementation of the tasks and powers of the university council; to direct the development of annual programs and plans; to chair meetings of the university council; to sign documents within the council's authority; to use the organizational structure and seal of the university within the scope of the council's functions and responsibilities; to perform the duties of a council member, other tasks and authorities as prescribed by law, and the charter of organization and operation of the university;

d) Shall be responsible for the performance of their assigned tasks and authorities;

5. The list, term of office, and working principles of the public university council shall be stipulated as follows:

a) The list of the rector and members of the council shall be publicly disclosed on the university's website after being recognized by the competent authority;

b) The term of office of the council is five years. The council shall convene at least once every three months and may convene at the request of the rector, the university president, or at least one-third of the total number of council members. A meeting of the council is valid when more than 50% of the total number of members attend, including external members;

c) The council operates based on the principle of collective work, decisions made by majority vote, except where the charter of organization and operation of the university specifies a higher voting ratio; decisions of the council shall be expressed in the form of resolutions;

6. The charter of organization and operation of the public university regarding the council shall include the following contents:

a) Standards, number of terms, delegation of authority of the rector;

b) Standards, tasks, authorities, procedures for electing, dismissing deputy rectors (if any), and secretaries of the council;

c) Number and composition of members; procedures for supplementing and replacing members; forms of council decisions for each type of activity;

d) Procedures for the council to decide on personnel matters concerning the university president, other management positions within the university during the appointment process; grounds and procedures for proposing the dismissal, removal of the university president; number of deputy managers; maximum tenure for the position of president, vice-president, and other management positions within the university;

đ) Budget, permanent body, supervisory body, and support staff of the council; procedures and composition of the general assembly or representative conference of the university;

e) Division of responsibilities and authorities between the council and the university president;

g) Other contents according to the requirements of the council's organization and operation;

7. The council of a constituent university within a university system shall comply with the provisions of this Article and the charter of organization and operation of the university system;

8. The Government shall provide detailed regulations on the procedures and processes for establishing and recognizing the council; recognizing, dismissing, removing the rector of the council; appointing and removing other members of the council; organizing the council of higher education institutions under the Ministry of Public Security and the Ministry of National Defense;

11. Supplement Article 16a after Article 16 as follows:

"Article 16a. Investor

1. An investor is an organization or individual, domestic or foreign, investing to establish a private higher education institution or a non-profit private higher education institution using non-state budget funds;

2. The investor shall have the following responsibilities and authorities:

a) Approving the strategic plan and development plan of the higher education institution, the plan to transform the university into a university system or merger with another university, as proposed by the council or the university system council;

b) Deciding on the total investment capital of the investor, development projects of the higher education institution, fundraising (if applicable); the utilization plan for the annual surplus or deficit of the higher education institution; approving the annual financial report of the higher education institution;

c) Electing or appointing, dismissing, and removing members of the council or university system council; approving the standards and human resources plan for the university president, university director proposed by the council or university system council;

d) Organizing supervision and evaluation of the activities of the council or university system council;

đ) Deciding on the issuance, amendment, and supplementation of the financial charter of the higher education institution; approving financial-related content, assets in the charter of organization and operation of the higher education institution, salary policies, bonuses, and other benefits for managerial positions within the higher education institution;

e) Fully contributing capital on time and supervising the contribution of capital to the higher education institution according to the establishment project;

g) Establishing a supervisory board to inspect and supervise the management and operation of the council, university system council, university president, vice-president, university director, deputy director, and units within the higher education institution; the procedures for establishment, composition, tasks, and authorities of the supervisory board shall be carried out in accordance with the Law on Enterprises and other relevant laws;

h) Considering and handling violations by the council or university system council that cause damage to the higher education institution according to the law and the charter of organization and operation of the higher education institution;

i) Deciding on restructuring or dissolution of the higher education institution according to the law.

k) Publish the list of organizations and individuals contributing capital to higher education institutions on the institution's official website;

l) Other responsibilities and authorities as prescribed by the Investment Law and other relevant laws;

m) Investors establishing non-profit higher education institutions shall be honored for their contributions to the establishment, construction, and development of such institutions;

3. Investors establishing higher education institutions may choose one of the following methods:

a) Investing to establish an economic organization in accordance with the Investment Law and the Enterprise Law to have the economic organization establish a private higher education institution in accordance with this Law;

b) Directly investing to establish a private higher education institution in accordance with this Law. In this case, the regulations on the organizational structure and operation of the higher education institution must specifically stipulate the investors' assembly and the operational methods of the investors; the selection and application of provisions of relevant laws regarding limited liability companies or social funds to resolve issues within the higher education institution that are not covered by this Law; the responsibilities and authorities of the investors and the supervisory board consistent with the chosen limited liability company or social fund regulations.";

12. Amend and supplement Article 17 as follows:

"Article 17. University Council of Private Universities and Non-Profit Private Universities

1. The University Council of Private Universities and Non-Profit Private Universities is a governing body representing the investors and related interested parties.

2. The University Council of Private Universities and Non-Profit Private Universities shall perform the responsibilities and authorities specified in Clause 2 of Article 16 of this Law, except for the responsibilities and authorities of the investor specified in Clause 2 of Article 16a of this Law; directly appointing, dismissing, or removing the university president according to the regulations on the organizational structure and operation of the educational institution.

3. The number of members of the University Council of Private Universities and Non-Profit Private Universities must be odd and consist of the following components:

a) The University Council of Private Universities includes representatives of investors, members inside and outside the university elected by the investors' assembly based on the proportion of contributed capital;

b) The University Council of Non-Profit Private Universities includes representatives of investors elected by the investors based on the proportion of contributed capital; members inside and outside the Non-Profit Private Universities.

Members inside the university include ex officio members and members elected by the general assembly or representative meeting of the university. Ex officio members include the secretary of the party committee, the university president, the chairman of the trade union, and the representative of the Ho Chi Minh Communist Youth Union who is a student of the university. Elected members include representatives of teachers and employees of the university.

Members outside the university are elected by the general assembly or representative meeting of the university and include leaders, managers, educators, cultural figures, scientists, entrepreneurs, former students, and representatives of labor users.

4. The criteria for electing the chairperson of the University Council, the responsibilities of the chairperson; the list, term, and working principles of the University Council of Private Universities and Non-Profit Private Universities are as follows:

a) The chairperson of the University Council is a permanent or part-time staff member of the university as stipulated in the regulations on the organizational structure and operation of the university, elected by the University Council and recognized by the investors' assembly or the owner of the university;

b) At meetings of the University Council, the university president has the right to attend, discuss, and vote only when he is a member of the University Council;

c) If the chairperson of the University Council is the legal representative of the university or performs duties and authorities as specified in Point b, Clause 3, Article 20 of this Law, they must meet the criteria for the university president; they must be responsible for performing their duties and authorities;

d) Other provisions in Clause 4 and Clause 5 of Article 16 of this Law.

5. The regulations on the organizational structure and operation of Private Universities and Non-Profit Private Universities include the contents specified in Clause 6 of Article 16 of this Law; the ratio of investor representation in the total number of University Council members.

6. The Government shall specify detailed procedures for establishing and recognizing the University Council; recognizing, removing, or dismissing the chairperson of the University Council.";

13. Amend and supplement Article 18 as follows:

"Article 18. University Council

1. The Public University Council has the following responsibilities and authorities:

a) Deciding on the strategic plans, annual plans, admission of new members, and reorganization of the university in accordance with the law;

b) Issuing regulations on organizational structure and operation, financial regulations, and grassroots democracy regulations of the university, except as provided in Clause 2 of Article 29 of this Law, in compliance with this Law and other relevant laws;

c) Deciding on training directions, scientific and technological activities, international cooperation, and ensuring the quality of higher education.

d) Decide on the organizational structure, constituent units of the university; standards for the chairman, vice-chairman (if any), members of the university council; standards for the rector, deputy rectors of the university; decide and submit to the competent management agency for decisions recognizing, dismissing, relieving from office the rector of the university; appointing, dismissing, relieving from office deputy rectors of the university based on the proposal of the university rector, except in cases provided for in Clause 3, Article 8 of this Law; matters concerning the appointment of managerial positions within subordinate units of the university shall be regulated by the charter of organization and operation of the university; organize annual performance evaluations of the university council chairman and the university rector; conduct confidence votes for the university council chairman and the university rector midway through their term or at any time;

đ) Decide on investment policies, construction of physical facilities, shared resources within the university; policies for mobilizing capital sources for developing the university; decide on major investment initiatives and the use of valuable assets within the university's jurisdiction according to the regulations of the university's charter of organization and operation; stipulate salary, bonus, and other benefit policies for managerial positions within subordinate units of the university based on results and effectiveness of work; stipulate tuition fee policies and support for students; approve financial plans, review annual financial reports, settle accounts for legitimate revenue sources of the university;

e) Supervise the implementation of the university council's decisions to implement democratic regulations in the university's activities and the accountability of the university rector; supervise the management and use of finances and assets of the university; report annually to the university's general assembly on supervision results and the performance of the university council;

g) Comply with laws; be accountable before the law, before the competent management agency, and related parties for the university council's decisions; implement transparency in information disclosure, reporting systems, and accept inspections and audits by authorized agencies within the scope of the university council's responsibilities and powers; be subject to societal, individual, and organizational oversight within the university;

h) Implement other responsibilities and powers as prescribed in the charter of organization and operation of the university; other tasks and powers for subordinate units as stipulated in Clause 2, Article 16 of this Law;

2. The private university council implements the responsibilities and powers prescribed in Clause 1 of this Article, except for the investor's responsibilities and powers stipulated in Clause 2, Article 16a of this Law; directly appoint, relieve from office, or dismiss the university rector according to the university's charter of organization and operation;

3. The number of university council members must be odd, with components and responsibilities as follows:

a) Members of the public university council include both internal and external members;

Internal members include the party secretary, university rector, university trade union chairman, representative of the Ho Chi Minh Communist Youth Union who is a student of the university; the school council chairman of constituent units (if any) or the head of constituent units in the absence of a school council; representatives of lecturers, staff, and workers of the university elected by the university's representative conference;

External members constitute a minimum of 30% of the total number of university council members, including representatives of the competent management agency; external members elected by the university's representative conference include leaders, managers, educators, cultural figures, scientists, entrepreneurs, alumni, and representatives of labor users;

b) Members of the private university council include representatives of investors, internal and external members elected by the investor conference, decided according to the proportion of capital contribution;

c) Members of the non-profit private university council include representatives of investors elected by investors, decided according to the proportion of capital contribution, and internal and external members;

Internal members include automatically appointed members such as the party secretary, university rector, university trade union chairman, and representative of the Ho Chi Minh Communist Youth Union who is a student of the university; other members elected by the university's representative conference are representatives of lecturers and workers of the university;

External members are elected by the university's representative conference, including leaders, managers, educators, cultural figures, scientists, entrepreneurs, alumni, and representatives of labor users;

d) University council members have the responsibility to fulfill the duties of the university council, tasks assigned by the university council chairman, and other tasks as prescribed by law and the university's charter of organization and operation; participate fully in all sessions of the university council and be accountable under the law for the fulfillment of their duties and powers;

4. Standards, election procedures for the chairman of the public university council, list, term, and working principles of the public university council are implemented according to the provisions of Clause 4 and Clause 5, Article 16 of this Law. Responsibilities of the chairman of the private university council, list, term, and working principles of the private university council are implemented according to the provisions of Clause 4, Article 17 of this Law;

5. The charter of organization and operation of the university regulates the university council, including the following contents:

a) Standards, number of terms, delegation of authority of the university council chairman;

b) Standards, duties, powers, procedures for electing, relieving from office the vice-chairman (if any) and secretary of the university council;

c) Number, composition of members; procedures for supplementing and replacing members; forms of decisions made by the university council for each type of activity;

d) Procedures for the university council to decide on personnel for the university director, other management positions within the university's authority in the appointment process; grounds and procedures for proposing the removal, dismissal of the university director; the number of deputy-level cadres under the university's decision-making authority; the maximum term of office for the university director, deputy director, and other management positions within units subordinate to the university;

đ) Budget, permanent agency, supervisory agency, administrative support system of the university council, procedures, composition of the university representative conference, and other regulations according to the organizational and operational requirements of the university council;

e) Other responsibilities and authorities between the university council and the university director; the relationship between the university council and the councils of affiliated units, directly subordinate autonomous units within the university (if any);

g) Other contents according to the organizational and operational requirements of the university council.

6. The Government shall provide detailed regulations on the procedures for establishing and recognizing the university council; recognizing, removing, and dismissing the chairman and members of the university council.

14. Amend and supplement Article 20 as follows:

“Article 20. Rector of Higher Education Institutions

1. The rector of universities and university directors (collectively referred to as the rector of higher education institutions) is responsible for managing and directing the activities of higher education institutions in accordance with the provisions of the law and the charter of organization and operation of higher education institutions.

The rector of public higher education institutions is decided by the school council or university council and recognized by the competent authority; the rector of private higher education institutions and non-profit private higher education institutions is appointed by the school council or university council.

The term of office or appointment period of the rector of higher education institutions is decided by the school council or university council within the term of the school council or university council.

2. The criteria for the rector of higher education institutions are stipulated as follows:

a) Having good political qualities, moral character, holding a doctoral degree, having sufficient health to perform duties, having scientific reputation and experience in managing higher education; age limit for assuming the position of rector of public higher education institutions as prescribed by law;

b) Meeting specific criteria for the rector of higher education institutions as prescribed in the charter of organization and operation of higher education institutions.

3. The tasks and powers of the rector of higher education institutions are stipulated as follows:

a) Being the legal representative and account holder of the higher education institution, except where the charter of organization and operation of private higher education institutions and non-profit private higher education institutions provides otherwise;

b) Organizing the implementation of specialized, academic, organizational, human resources, financial, asset, domestic and international cooperation, and other activities in accordance with the law, the charter of organization and operation of higher education institutions, and decisions of the school council or university council;

c) Submitting documents within the authority to issue of the school council or university council after soliciting opinions from relevant organizations, units, and individuals within the higher education institution; issuing other regulations of the higher education institution in accordance with the charter of organization and operation of higher education institutions;

d) Proposing to the school council or university council for consideration of appointment, dismissal, removal of management positions within the authority of the school council or university council; implementing the appointment, dismissal, removal of other management positions of the higher education institution, deciding investment projects in accordance with the charter of organization and operation of higher education institutions;

đ) Annually reporting to the school council or university council on the results of the rector's performance of duties at the higher education institution and the vice rector board, financial and asset status of the higher education institution; implementing transparency and openness in information; complying with reporting systems and being subject to inspection and audit by competent authorities; fulfilling accountability within the scope of assigned tasks and powers;

e) Fulfilling other tasks and powers as prescribed by law; being accountable before the law, the school council, university council, and related parties; being supervised by individuals and organizations related to the fulfillment of assigned tasks and powers.”

15. Amend and supplement Article 21 as follows:

“Article 21. Branches of Higher Education Institutions

1. Branches of Vietnamese higher education institutions in Vietnam are defined as follows:

a) Branches of Vietnamese higher education institutions in Vietnam are part of the organizational structure of higher education institutions, without legal personality, established in provinces or centrally administered cities different from the main headquarters of the higher education institution, in line with the planning of the higher education institution network;

b) Branches of Vietnamese higher education institutions in Vietnam implement part of the functions, tasks, and powers of higher education institutions under the direction and management of the rector of the higher education institution; report to the People's Committee of the province where the branch is located about activities related to local management authority;

c) The organizational structure and operations of branches of Vietnamese higher education institutions in Vietnam are carried out in accordance with the charter of organization and operation of higher education institutions.

2. Branches of foreign higher education institutions in Vietnam are defined as follows:

a) Branches of foreign higher education institutions in Vietnam are established in Vietnam by foreign higher education institutions and ensure operating conditions;

b) Branches of foreign higher education institutions in Vietnam operate in accordance with the regulations applicable to private higher education institutions established in Vietnam by foreign investors.

3. Branches of Vietnamese higher education institutions abroad are defined as follows:

a) Branches of Vietnamese higher education institutions abroad are established abroad by Vietnamese higher education institutions, ensuring operating conditions and reporting to the Ministry of Education and Training.

b) The branch of a Vietnamese higher education institution abroad shall comply with the regulations of the host country regarding the establishment and operation of the branch.

4. The Government shall provide detailed regulations on the establishment and operation of branches of higher education institutions within Vietnam.

16. Amend and supplement Point d Clause 1 Article 22 as follows:

“d) A higher education institution with foreign investment capital must also meet other conditions as prescribed by the Investment Law.”

17. Amend and supplement Article 32 as follows:

"Article 32. Autonomy and Accountability of Higher Education Institutions

1. Higher education institutions shall implement autonomy and accountability in accordance with the provisions of the law. Relevant agencies, organizations, and individuals have the responsibility to respect and ensure the autonomy of higher education institutions.

2. Conditions for implementing autonomy of higher education institutions are stipulated as follows:

a) Having established a university council and a board of trustees; having been recognized as meeting the quality standards of higher education institutions by a legitimate educational quality assessment organization;

b) Having promulgated and implemented regulations on organizational structure and operations; financial regulations; internal management regulations and policies ensuring quality that meet state standards;

c) Implementing decentralization of autonomy and accountability down to each unit and individual within the higher education institution;

d) Publicizing quality assurance conditions, accreditation results, graduate employment rates, and other information as prescribed by law.

3. Academic and professional autonomy includes issuing and implementing quality standards, policies, opening majors, admissions, training, scientific and technological activities, domestic and international cooperation in compliance with legal provisions.

4. Organizational and personnel autonomy includes issuing and implementing internal regulations on organizational structure, labor composition, job position categories, standards, and systems; hiring, using, and terminating employment for lecturers, civil servants, and other employees; deciding managerial personnel in higher education institutions in compliance with legal provisions.

5. Financial and asset autonomy includes issuing and implementing internal regulations on revenue sources, financial and asset management and utilization; attracting development investment capital; tuition fee and scholarship policies for students and other policies in compliance with legal provisions.

6. The accountability of higher education institutions towards owners, learners, society, competent authorities, and related parties is stipulated as follows:

a) Reporting on the implementation of quality standards and policies, on the issuance and implementation of regulations of the higher education institution; being responsible under the law if failing to implement regulations and commitments to ensure the quality of activities;

b) Publicizing annual reports on performance indicators on the higher education institution's website; implementing regular and extraordinary reporting systems to owners and competent authorities;

c) Reporting on the salary, bonuses, and other benefits of leadership and management positions at the higher education institution at staff meetings; conducting audits on annual financial statements, final accounts, investment, and procurement; reporting on the activities of the higher education institution to owners and competent authorities;

d) Publicizing annual financial statements and other contents on the higher education institution's website in accordance with the Ministry of Education and Training's regulations;

đ) Implementing other reporting contents and forms as prescribed by law.

7. The Government shall provide detailed regulations on the autonomy and accountability of higher education institutions.

18. Amend and supplement Article 33 as follows:

"Article 33. Opening Majors for Training

1. Conditions for a higher education institution to open majors for bachelor’s, master’s, and doctoral levels include:

a) The major aligns with the human resource needs for economic and social development of localities, regions, the whole country, and specific fields ensuring international integration;

b) Having a sufficient number of qualified and structured faculty members and scientific staff;

c) Having physical facilities, equipment, libraries, and textbooks meeting teaching, learning, and research requirements;

d) Having a training program as prescribed in Article 36 of this Law.

2. The Minister of Education and Training shall provide detailed regulations on the conditions for opening majors; procedures and formalities for opening and suspending major activities; deciding permission to open majors for higher education institutions not yet meeting the conditions for autonomous opening of majors as stipulated in Clause 3 of this Article and for majors in health, teacher training, defense, and security fields.

3. Higher education institutions meeting the conditions stipulated in Clause 1 and Clause 2 of this Article and Clause 2 of Article 32 of this Law may autonomously open bachelor’s level majors; when they meet the quality standards of bachelor’s level training programs, they may autonomously open relevant master’s level majors; when they meet the quality standards of bachelor’s and master’s level training programs, they may autonomously open relevant doctoral level majors, except for majors in health, teacher training, defense, and security fields; in the case of opening new master’s and doctoral level majors, higher education institutions may autonomously open majors and implement the provisions of Clause 5 of this Article and the quality assessment regulations of this Law.

4. Higher education institutions that autonomously open majors without meeting the stipulated conditions shall be suspended from training activities in those majors and shall not be allowed to autonomously open majors for five years from the date of the conclusion of the violation by the competent authority.

5. Prior to the first graduation cohort, the training program must be evaluated for quality; immediately following the first graduation cohort, the training program must be accredited in accordance with the provisions of this Law. In cases where evaluation or accreditation is not conducted, or where the results of such evaluations or accreditations do not meet requirements, the higher education institution shall be responsible for improving and enhancing the quality of training to ensure the output standards of the training program, protect the rights of students, and shall not continue to recruit students for that training program until it meets the accreditation quality standards."

19. Amend and supplement some clauses of Article 34 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The enrollment quota shall be determined as follows:

a) The enrollment quota shall be determined based on the training majors and groups of majors according to the labor market demand, economic and social development requirements, and in accordance with conditions regarding the quantity and quality of teaching staff, physical facilities, employment rates of graduates, and other quality assurance conditions;

b) Higher education institutions shall independently determine the enrollment quota; publicly announce the enrollment quota, training quality, and other quality assurance conditions, as well as the employment rate of graduates; ensure the output standards of the announced training programs;

c) Higher education institutions violating regulations on the target group, conditions, and quotas for enrollment shall be subject to legal sanctions and shall not be allowed to independently determine the enrollment quota for five years from the date of the conclusion of the violation by the competent state agency."

b) Amend and supplement Clause 3 as follows:

"3. The Minister of Education and Training shall issue the admission regulations, specify the sources of admission for undergraduate level from high school graduates, college graduates, and vocational school graduates; set criteria, principles, and procedures for determining the enrollment quota; specify the enrollment quota for teacher training programs and the enrollment quota for higher education institutions as stipulated in point c, clause 1 of this Article; set threshold standards for entry quality for teacher training programs and health-related programs requiring a professional license."

20. Amend and supplement Article 35 as follows:

"Article 35. Duration of Training

1. The duration of training shall be determined based on the number of credits required to accumulate for each program and level of training. The number of credits required for each level is specified in the National Qualifications Framework. The rector of the higher education institution shall decide the number of credits required to accumulate for each program and level of training in accordance with the provisions of the law.

2. The Prime Minister shall approve the National Education System Structure Framework and the National Qualifications Framework; specify the standard duration of training for each level of higher education in the National Education System Structure Framework."

21. Amend and supplement points a, b, and c of clause 1 of Article 36 as follows:

"a) The training program shall include objectives, volume of knowledge, structure, content, methods, and assessment forms for courses, majors, levels of training, and output standards consistent with the National Qualifications Framework;

b) The training program shall be developed based on credit units, including research-oriented, application-oriented, and career-oriented programs; ensuring the requirements for inter-level and inter-major connectivity; ensuring the regulations on training program standards;

c) Higher education institutions may use foreign higher education institutions' training programs approved by the competent authority of that country for training and issuing degrees or have valid quality certification issued by legitimate accreditation organizations; ensuring compliance with intellectual property laws;"

22. Amend and supplement Article 37 as follows:

"Article 37. Organization and Management of Training

1. Higher education institutions shall be responsible for organizing and managing training based on credit units, academic years, or a combination of credit units and academic years.

2. Higher education institutions may only collaborate with other higher education institutions, colleges, technical schools, provincial continuing education centers, training and development institutions of state agencies, political organizations, socio-political organizations, and people's armed forces for undergraduate training through part-time learning under the condition that the collaborating institution meets the requirements for educational environment, physical facilities, equipment, libraries, and management personnel according to the training program requirements; they shall not implement collaborative training for health-related fields requiring a professional license.

3. Higher education institutions shall be responsible for coordinating with enterprises and employers to utilize experts, physical facilities, and equipment to organize practical and internship training to enhance students' practical skills and increase their job opportunities.

4. Based on local needs and proposals from provincial People's Committees, higher education institutions located in the area shall provide regular education, vocational education, and higher education programs; organize inter-level training between intermediate, advanced, and bachelor's degree levels; and provide transitional training for other universities.

5. The Minister of Education and Training shall issue the training regulations for various levels of higher education."

23. Amend and supplement Article 38 as follows:

"Article 38. Higher Education Diplomas

1. Higher education diplomas within the national education system include bachelor's, master's, doctoral degrees, and equivalent qualifications.

2. Students who complete the training program, meet the output standards of the training level as prescribed, and fulfill their obligations and responsibilities as students shall be awarded the corresponding diploma by the rector of the higher education institution.

3. Higher education institutions shall design templates, print blanks, issue diplomas to students, and manage diplomas and certificates in accordance with the law; publicly announce the diploma templates and related information on the issuance of diplomas to students on the higher education institution's website."

4. The Minister of Education and Training shall negotiate, sign, or propose to the competent authority to negotiate and sign international treaties on recognition of diplomas with countries, international organizations, and other subjects within their jurisdiction.

5. The Minister of Education and Training shall provide detailed regulations on the main content recorded on diplomas and appendices; principles for printing, managing, issuing, recalling, and invalidating higher education diplomas; responsibilities and authorities of Vietnamese higher education institutions when linking training programs with foreign higher education institutions; responsibilities of higher education institutions with foreign investment in issuing higher education diplomas in Vietnam; conditions, procedures, and formalities for recognizing higher education diplomas issued by foreign higher education institutions.

6. The Government shall establish a system of higher education diplomas and specify diplomas and certificates for certain specialized fields.

24. Amend and supplement Article 42 as follows:

"Article 42. State Responsibilities for Developing Science and Technology

1. The State shall focus on investing in developing scientific and technological potential, creating mechanisms and policies to encourage organizations and individuals to participate in developing scientific and technological potential, fostering an innovative startup ecosystem in higher education institutions to serve national development; prioritizing the development of certain fields reaching research levels comparable to regional and international standards.

2. The Government shall stipulate activities related to science and technology in higher education institutions."

25. Amend and supplement Article 45 as follows:

"Article 45. Linking Training Programs with Foreign Countries

1. Linking training programs with foreign countries refers to cooperation in training between higher education institutions established in Vietnam and foreign higher education institutions to implement training programs to issue diplomas or certificates without forming new legal entities. Linking training programs with foreign countries must ensure compliance with the Law on Education and other relevant laws.

2. Joint training programs with foreign countries can be foreign programs or programs jointly developed by both parties. Training can be conducted entirely in Vietnam or partially in Vietnam and partially abroad.

3. Foreign higher education institutions linking training programs with Vietnamese higher education institutions must have reputable quality, authorization from the competent authority of their country to train and issue diplomas in the linked field, or valid educational quality certification from a legitimate accreditation organization. Both parties must ensure material and equipment conditions, faculty meeting program requirements, and bear responsibility for program quality.

4. The Minister of Education and Training shall approve joint training program proposals for teacher training programs and health-related fields after consulting relevant ministries and agencies; and joint training program proposals of higher education institutions not covered by Clause 5 of this Article.

5. Higher education institutions meeting the conditions specified in this Article and Clause 2 of Article 32 of this Law may independently link training programs at the bachelor's level; once they meet the standard for bachelor's program quality accreditation, they may independently link training programs at the master's level in appropriate fields; once they meet the standard for bachelor's and master's program quality accreditation, they may independently link training programs at the doctoral level in appropriate fields.

6. In cases where joint training programs with foreign countries are suspended from recruitment or terminated due to non-compliance with the conditions specified in Clause 3 of this Article, higher education institutions must ensure the legal rights of lecturers, employees, and students; compensate student fees; pay lecturer remuneration and other employee benefits according to signed labor contracts or collective labor agreements; settle tax debts and other debts (if any).

7. Higher education institutions must publicly disclose information related to joint training programs with foreign countries, the legal status of foreign diplomas issued by the issuing country and in Vietnam on their websites and mass media; assist students in recognizing higher education diplomas; conduct accreditation of joint training programs implemented in Vietnam immediately after graduates and according to prescribed cycles.

8. Higher education institutions that independently link training programs without ensuring conditions as stipulated or violating quality assurance conditions in joint training program proposals with foreign countries shall be suspended from joint training activities and prohibited from independently linking training programs with foreign countries for five years from the date of the competent authority's conclusion on violations."

26. Amend and supplement Article 49 as follows:

"Article 49. Ensuring Quality in Higher Education; Objectives, Principles, and Accreditation Targets for Higher Education Quality Assurance

1. Ensuring quality in higher education is a continuous, systematic process including policies, mechanisms, standards, procedures, and measures aimed at maintaining and improving the quality of higher education.

2. The quality assurance system in higher education includes internal quality assurance systems and external quality assurance systems through educational quality accreditation mechanisms.

3. The Minister of Education and Training shall establish training program standards for various levels of higher education and minimum requirements for implementing training programs; quality assessment criteria, procedures, and cycles for higher education quality accreditation.

4. The objectives of higher education quality accreditation are as follows:

a) Ensuring and enhancing the quality of higher education;

b) Confirming the degree of achievement of the goals of higher education institutions or training programs in each phase;

c) Serve as a basis for higher education institutions to explain to owners, competent authorities, related parties, and society about the current status of training quality;

d) Serve as a basis for students to choose higher education institutions and training programs; for employers to select human resources.

5. The principles of higher education quality assessment are stipulated as follows:

a) Independence, objectivity, compliance with the law;

b) Honesty, transparency, clarity;

c) Equality, mandatory, periodic.

6. The objects of higher education quality assessment include:

a) Higher education institutions;

b) Training programs at various levels of higher education.

27. Amend and supplement Article 50 as follows:

"Article 50. Responsibilities of higher education institutions in ensuring the quality of higher education

1. Establish and develop an internal system to ensure the quality of higher education that is appropriate to the mission, objectives, and actual conditions of the higher education institution.

2. Develop policies and plans to ensure the quality of higher education.

3. Self-assess, improve, and enhance training quality; regularly register for program accreditation and institutional accreditation.

If a higher education institution does not conduct program accreditation according to the accreditation cycle or if the accreditation results do not meet the requirements, it must improve and enhance training quality to ensure that students meet the program's graduation standards. Two years from the date the training quality accreditation certificate expires or from the date of non-compliant accreditation results, if the program is not re-accredited or if the re-accreditation results still do not meet the requirements, the higher education institution must stop enrolling students for that training program and take measures to protect the rights of students.

4. Maintain and develop conditions to ensure training quality, including faculty members, management staff, employees; training programs, teaching materials, learning materials; classrooms, offices, laboratories, libraries, information technology systems, practical facilities; financial resources, dormitories, and other service facilities.

5. Annually report on the implementation of higher education quality targets according to the quality assurance plan; publicly announce conditions to ensure training quality, training outcomes, scientific research results, and community services, evaluation and accreditation results on the Ministry of Education and Training’s website, the higher education institution’s website, and mass media."

28. Amend and supplement Article 52 as follows:

"Article 52. Organization of Quality Assessment in Education

1. Quality assessment organizations have the responsibility to evaluate and recognize higher education institutions and training programs that meet the quality assessment standards.

Quality assessment organizations have legal personality, organizational independence from state management agencies and higher education institutions, and are responsible for explaining and bearing legal responsibility for their quality assessment activities and results.

2. Quality assessment organizations are established when they meet the conditions and have a project for establishment as prescribed by law; they are permitted to operate quality assessment when they have material and equipment, finance, and a core team of assessors that meet the requirements set forth by law.

3. The Government shall prescribe the conditions, procedures for establishment, permission to operate, dissolution of quality assessment organizations; responsibilities and powers of quality assessment organizations; conditions and procedures for foreign quality assessment organizations to be recognized to operate in Vietnam.

4. The Minister of Education and Training decides on the establishment or permission to establish quality assessment organizations; permits operation, suspends operation, dissolves quality assessment organizations; recognizes and revokes recognition decisions of foreign quality assessment organizations operating in Vietnam; prescribes supervision and evaluation of quality assessment organizations."

29. Amend and supplement Article 54 as follows:

"Article 54. Lecturers

1. Lecturers in higher education institutions are individuals with clear personal backgrounds; good moral character; sufficient health to perform duties; qualifications meeting the provisions of this Law and the regulations on organization and operation of higher education institutions.

2. Lecturer positions include teaching assistants, lecturers, senior lecturers, associate professors, and professors. Higher education institutions appoint lecturer positions according to the law, organizational and operational regulations, job position requirements, and the needs of the higher education institution.

3. The minimum qualification for lecturers teaching undergraduate level is a master's degree, except for teaching assistants; the qualification for lecturers teaching master's and doctoral levels is a doctoral degree. Higher education institutions prioritize hiring individuals with doctoral degrees as lecturers; develop and provide incentives for leading professors to develop specialized training fields.

4. The Minister of Education and Training shall stipulate criteria and appointment procedures for lecturer positions within their authority; the minimum proportion of full-time lecturers in higher education institutions; stipulate criteria for practical lecturers and lecturers in certain specialized training fields."

30. Amend and supplement some clauses of Article 55 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Teaching, developing training programs, and fully implementing and ensuring the quality of training programs.";

b) Amend and supplement Clause 3 as follows:

"3. Studying, enhancing theoretical political knowledge, professional skills, and teaching methods; participating in practical activities to improve training quality and scientific research.";

c) Amend and supplement Clause 7 as follows:

"7. Independence in professional viewpoints during teaching and scientific research, provided that it aligns with national and societal interests; may enter into guest lectureship and scientific research contracts with higher education institutions, scientific research institutions, agencies, and organizations according to the regulations of the institution where they work.";

d) Amend and supplement Clause 9 as follows:

"9. Other tasks and authorities in accordance with the organizational and operational regulations of higher education institutions and other relevant laws."

31. Amend and supplement some clauses of Article 60 as follows:

a) Amend and supplement Clause 4 as follows:

"4. To be respected and treated equally without discrimination based on gender, ethnicity, religion, or origin; to be provided with career guidance and full information about their studies and training."

b) Amend and supplement Clause 5 as follows:

"5. To have their study conditions guaranteed, to participate in scientific, technological activities, and entrepreneurship, skill development activities, youth organization activities, community service activities, and cultural, physical exercise, and sports activities."

c) Amend and supplement Clause 8 as follows:

"8. Other tasks and authorities in accordance with the organizational and operational regulations of higher education institutions and other relevant laws."

32. Amend and supplement Article 64 as follows:

"Article 64. Financial resources of higher education institutions

1. The revenues of higher education institutions include:

a) Tuition fees and revenue from educational, scientific, and technological activities, and other service revenue supporting educational activities;

b) Revenue from commissioned educational and research projects by the State, organizations, and individuals; and from performing State-assigned tasks;

c) Revenue from domestic and foreign investment, supplementary financial resources from annual operating results of higher education institutions;

d) Revenue from business operations, community service activities, financial investments (if any), and other lawful revenue;

đ) Borrowed capital.

2. Grants, aid, gifts, and donations from alumni, domestic and foreign organizations, and individuals.

3. State budget allocation (if any)."

33. Amend and supplement Article 65 as follows:

"Article 65. Tuition Fees and Other Service Revenue

1. Tuition fees are the amount of money that students must pay to higher education institutions to cover part or all of the educational costs.

2. Public higher education institutions determine tuition fee levels as follows:

a) Higher education institutions meeting the conditions stipulated in Clause 2, Article 32 of this Law and self-financing all regular expenses may independently set tuition fee levels;

b) Higher education institutions not falling under the circumstances specified in Point a of this clause shall determine tuition fee levels according to the Government's regulations;

c) Determining tuition fee levels must be based on economic and technical norms following the process of accurately calculating educational costs.

3. Private higher education institutions may independently decide on tuition fee levels.

4. Levels of admission service revenue and other service revenue must be determined based on the principle of covering actual reasonable costs.

5. Higher education institutions must publicly disclose educational costs, tuition fee levels, admission service revenue levels, and other service revenue levels for the entire course duration and each academic year along with enrollment announcements and on the institution’s website; they are responsible for allocating a portion of tuition revenue to support financially disadvantaged students."

34. Amend and supplement Article 66 as follows:

"Article 66. Financial Management of Higher Education Institutions

1. Higher education institutions implement financial systems, accounting, auditing, taxation, asset valuation, and financial disclosure in accordance with the law.

2. For public higher education institutions fully financing their regular expenses, the school council and university council decide on the use of financial resources as follows:

a) Decide on using lawful revenue outside state budget allocations for investing in projects implementing educational and scientific research activities, technology transfer;

b) Determine the content and level of expenditure from tuition revenue and public service revenue, commissioned project funds, and assigned task funds, including salaries, professional activity costs, and management costs according to the internal expenditure regulations of the higher education institution.

3. Higher education institutions entrusted by the State with tasks and allocated state budget funds must manage and use these funds in accordance with the law on public financial management and public assets.

4. The surplus financial resources from educational and scientific activities of private higher education institutions must be allocated at least 25% for developing the higher education institution, funding educational activities, building infrastructure, purchasing equipment, training and retraining faculty and educational managers, staff, serving the learning and living needs of students, and fulfilling social responsibilities. For non-profit private higher education institutions, the accumulated annual surplus financial resources are common assets of the school community for continued development of the higher education institution.

5. Annually, higher education institutions must conduct audits and disclose financial statements, and the use of financial resources must comply with the law.

6. The Government shall specify details of Clause 2 of this Article, the degree of financial autonomy of public higher education institutions not covered by Clause 2 of this Article; mechanisms for entrusting tasks, commissioning services, or tendering public services using state budget funds for higher education institutions; regulations on cooperation and foreign investment in higher education; withdrawal and transfer of investment capital in higher education institutions, ensuring stability and development of higher education institutions.

7. The Ministry of Education and Training and competent inspection agencies shall oversee the management and use of financial resources of higher education institutions."

35. Amend and supplement Article 67 as follows:

"Article 67. Management and Use of Assets of Higher Education Institutions

1. The assets of public higher education institutions are managed and used according to the principles of managing and using public assets. Higher education institutions may use public assets for business operations, leasing, joint ventures, and collaborations in accordance with the law for the purpose of developing higher education, adhering to the principles of preservation and development, and being consistent with the educational environment.

2. The assets of private higher education institutions and non-profit private higher education institutions are managed and used according to the following principles:"

a) State assets and land use rights granted to higher education institutions by the State must be managed and utilized in accordance with laws on state asset management and land law; they shall not be converted into private ownership under any form. The conversion of the purpose of use for other state assets must follow the principle of preservation and development; the conversion of the purpose of use for land shall be carried out in accordance with laws on land.

b) Commonly integrated assets that are indivisible include assets received through grants, donations, gifts, and other assets defined by law as commonly integrated assets that are indivisible, which belong to the community of the educational institution and are managed and utilized by the school council or university council in accordance with the law or at the request of the entity transferring ownership of the assets (if any), for the development of the higher education institution and the benefit of the community, following the principle of preservation and development; they shall not be converted into private ownership under any form.

In the case of transferring capital of a higher education institution, indivisibly integrated assets shall not be included in the valuation of the institution's assets.

In the event of the dissolution of a higher education institution, indivisibly integrated assets shall be considered common assets of the community managed and utilized by competent state agencies for the purpose of developing higher education.

c) For assets not specified in points a and b of this clause, higher education institutions have the right to independently decide on their management, utilization, disposition, and bear responsibility in accordance with the Law on Enterprises and other relevant laws.

3. Assets of higher education institutions with foreign investment are protected by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

4. The Ministry of Education and Training, and competent authorities responsible for inspecting and auditing the management and utilization of assets of higher education institutions in accordance with the law."

36. Amend and supplement Article 68 as follows:

"Article 68. Responsibilities of the Government, ministries, and ministerial-level agencies in national administration of higher education

1. The Government exercises unified national administration over higher education.

2. The Ministry of Education and Training is the lead agency assisting the Government in national administration of higher education and has the following responsibilities:

a) Issuing or submitting to competent state authorities for issuance and implementation of normative legal documents on higher education; strategies, plans, policies for developing higher education to train high-quality human resources to meet economic and social development requirements, ensuring national defense and security; recognition, establishment, permission for establishment, dissolution, and permission for dissolution of higher education institutions within its authority;

b) Establishing higher education standards including basic standards for higher education institutions, program standards, faculty standards, managerial staff standards, and other standards; regulations on building, reviewing, and issuing higher education programs; issuing a list of higher education training fields, admission rules, training, examination, evaluation, and certification regulations in the national education system; managing quality assurance and quality assessment of higher education;

c) Building a national database on higher education; assessing, evaluating, managing, supervising, and providing information needs for individuals and organizations related to higher education;

d) Cooperating with relevant agencies and vocational associations in higher education to disseminate and educate laws on higher education;

đ) Organizing the administrative machinery for higher education;

e) Establishing mechanisms and regulations for mobilizing, managing, and utilizing resources to develop higher education;

g) Managing research, application of science and technology, production, and business activities in the field of higher education;

h) Managing international cooperation activities in higher education;

i) Inspecting, auditing, handling complaints and accusations, and enforcing violations of laws on higher education.

3. Ministries and ministerial-level agencies have the responsibility to study and forecast human resource needs in their respective sectors to support the construction of training plans, cooperate with the Ministry of Education and Training to implement national administration of higher education within their tasks and powers."

37. Amend and supplement Article 69 as follows:

"Article 69. Responsibilities of provincial People's Committees in national administration of higher education

Provincial People's Committees implement national administration of higher education according to the delegation of the Government; support the development of higher education institutions in their locality; inspect compliance with laws on education by higher education institutions in their locality; promote socialization of higher education; ensure the improvement of quality and effectiveness of higher education in their locality."

Article 2. Replacing and deleting some words and phrases in certain articles and clauses of the Higher Education Law

1. Replace the word "chủ động" with the word "tự chủ" in Clause 2, Article 8; the phrase "viện nghiên cứu khoa học" with the phrase "viện hàn lâm, viện" in Article 30; the phrase "tự chịu trách nhiệm" with the phrase "có trách nhiệm giải trình" in Point d and Point đ, Clause 1, Article 36, Clause 4, Article 41, and Article 53; the phrase "Hiệp định ký kết với Nhà nước Việt Nam" with the phrase "điều ước quốc tế mà nước Cộng hòa xã hội chủ nghĩa Việt Nam là thành viên" in Clause 1, Article 63.

2. Delete the phrase "được thành lập theo quyết định của hiệu trưởng trường đại học, giám đốc học viện, đại học," and "cho hiệu trưởng, giám đốc" in Clause 1, Article 19; the phrase "quy hoạch phát triển kinh tế - xã hội và" in Point a, Clause 1, Article 22; the word ", học viện" in Articles 27 and 28; the phrase ", viện nghiên cứu khoa học được phép đào tạo trình độ tiến sĩ" in Clause 4, Article 27; the word "Thủ tướng" in Clause 1, Article 27 and Clause 2, Article 48; the phrase "và quy hoạch" in Clause 1, Article 48; the phrase "Điều 74 của" in Clause 1, Article 57; the phrase "tại các điều 89, 90, 91 và 92" in Clause 1, Article 62.

Article 3. Implementation Provisions

This Law shall take effect from July 1, 2019.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 6th session of the 14th term on November 19, 2018.