Circular No. 43/2011/TT-BGDĐT amending and supplementing certain articles of Circular No. 14/2009/TT-BGDĐT dated May 28, 2009 on the Charter of Colleges and Decision No. 06/2008/QD-BGDĐT dated February 13, 2008 on joint training at the college and bachelor's levels.

CIRCULAR

Amending and supplementing some articles of Circular No. 14/2009/TT-BGDĐT dated May 28, 2009 promulgating the Charter of Colleges and Decision No. 06/2008/QD-BGDĐT dated February 13 2008 on continuous education at the College and University levels

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Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Resolution No. 25/NQ-CP dated June 2, 2010 of the Government on simplifying 258 administrative procedures within the scope of management functions of Ministries and sectors and Resolution No. 66/NQ-CP dated December 23, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Education and Training;

At the proposal of the Director of the Department of Higher Education, the Minister of Education and Training decides:

Article 1. Amending and supplementing some articles in the Charter of colleges issued together with Circular No. 14/2009/TT-BGDĐT dated May 28, 2009 of the Minister of Education and Training as follows:

1. Clause 3 shall be amended and supplemented as follows:

"Article 3. Registering the name of the college and changing the name of the college
1. The name of the college shall be registered in both Vietnamese and English, including the following components:
a) College + main field or major of training (if necessary) + specific name.
b) The specific name can be the name of a locality; the name of a cultural or historical figure; the name of an individual or organization if approved by the locality, individual, or organization and permitted by the Minister of Education and Training.
2. The name of the college shall not be duplicated or cause confusion with the names of other registered colleges or universities, nor shall it infringe upon the intellectual property rights of other individuals or organizations according to the provisions of the Intellectual Property Law. Colleges need to register for protection of their abbreviated names in both Vietnamese and English.
3. The name of the college shall be recorded in the decision establishing the college, displayed on the seal, signboard of the college, and various documents and transaction papers of the college.
4. Documents for changing the name of the college include:
a) A report on the change of the college's name, clearly stating the necessity, reasons, and purpose of the name change
b) Approval document from the direct managing authority regarding the change of the college's name;
c) Number of sets of documents: 01 set.
5. Procedure for changing the name of the college

The Ministry of Education and Training will accept and review the documents for changing the name of the college. Within 10 working days from the date of receiving complete documents, the Ministry of Education and Training will issue a decision to change the name of the college or notify the result of the review if the conditions stipulated in Clause 1 and 2 of this Article are not met."

2. Repealing Clause 4 of Article 10.

3. Article 11 is amended and supplemented as follows:

"Article 11. Documents and procedures for establishing a college.
1. Documents for the project to establish a college include:
a) A report proposing the establishment of a college by the direct managing authority (for public colleges) or by an organization or individual (for private colleges), clearly stating the necessity of establishing the college, the name of the college in Vietnamese and English, the proposed location, majors, scale of training; sources of capital, land, faculty and management staff;
b) A certified copy of the document approving the establishment of the college in the locality by the People's Committee of the province, which states the necessity and suitability of establishing the college with the socio-economic development plan of the locality; the proposed location, land for building the college, and the local government's ability to cooperate and create favorable conditions for the construction and development of the college;
c) Legal documents confirming the capital of the investor to be used in building the college;
d) Project to establish a college: clearly stating the necessity of establishing the college, its suitability with the socio-economic development plan of the locality; objectives, tasks, majors, and scale of training in each phase; proposed organizational structure, management, and operation; number and qualifications of faculty and management staff; land and charter capital; implementation plans; draft regulations on organization and activities; planning and development plans for each phase; estimated total capital needed to implement plans and ensure educational and scientific research activities in the first three years of establishment and subsequent years; explanation of the feasibility and legality of the investment capital for building and developing the college in each phase;
đ) For private colleges, the project documents must also include the following documents: list of founding members; minutes appointing representatives to establish the college among capital contributors; commitment letters from individuals and organizations to contribute capital for building the college and the agreement of the representative appointed to establish the college; list of shareholders committing to contribute charter capital;
e) Number of sets of documents: 5 sets.
2. Procedures for approving the project to establish a college
a) The Ministry of Education and Training accepts the project documents for establishing a college. Within 10 working days from the date of receiving the documents, if the documents are incomplete, the Ministry of Education and Training will notify the investor to supplement and complete the documents;
b) Within 30 working days from the date of receiving complete documents, the Ministry of Education and Training will organize the review of the project documents. If the project documents meet the conditions for establishing a college, the Minister of Education and Training will issue a decision to establish a college. If the project documents do not meet the conditions, the Ministry of Education and Training will notify the investor in writing about the results of the review.

4. Article 13 is supplemented and amended as follows:

"Article 13. Suspension of training activities of colleges

1. Colleges shall have their training activities suspended in the following cases:

a) Engaging in fraudulent behavior to obtain permission to conduct training activities;

b) Failing to meet one of the conditions specified in Article 17 of this Charter;

c) The person granting permission to conduct education and training exceeds their authority;

d) Not recruiting students and conducting training activities within three years from the date the Minister of Education and Training signs the decision allowing training activities;

đ) Violating laws on education and being administratively punished with suspension;

2. Documents for suspending training activities.

a) Letters or reports from organizations or individuals or inspection reports from the direct managing authority regarding violations by the college (if any);

b) Decision on inspecting the college by the Minister of Education and Training;

c) Inspection conclusions by the Ministry of Education and Training on violations by the college and recommendations to the Minister of Education and Training to suspend the college's training activities.

3. Procedures for suspending training activities

a) Within ten working days from the date of receiving valid application files, the Minister of Education and Training shall issue a decision to establish an Appraisal Board for reviewing the suspension of training activities of vocational colleges.

b) Based on the results of the review, the Minister of Education and Training shall issue a decision to suspend training activities.

c) The decision to suspend training activities must clearly specify the reasons, duration of suspension, measures to ensure the rights of lecturers, students, and employees in the college. The decision to suspend training activities must be publicly announced through mass media.

d) After the suspension period, if the vocational college remedies the causes leading to the suspension, the Minister of Education and Training shall consider and decide to allow the college to resume training activities.

5. Article 14 is supplemented and amended as follows:

"Article 14. Dissolution of Vocational Colleges

1. A vocational college shall be dissolved in the following cases:

a) Serious violation of regulations on management and organization of vocational college activities;

b) Failure to remedy the causes of suspension even after the expiration of the suspension period;

c) Objectives and contents of vocational college activities no longer align with the socio-economic development requirements of the region and locality;

d) In accordance with planning and restructuring of university and vocational college networks to suit actual conditions;

đ) At the proposal of the agency, organization, or individual that established the vocational college.

2. Documents for requesting dissolution of a vocational college

a) A letter proposing dissolution from the agency or organization, or individual that established the vocational college, clearly stating the reasons and purpose of dissolution;

b) A report from the direct management agency, organization, or individual regarding the operation status of the vocational college, proposing dissolution plans, measures to ensure the rights of lecturers, students, and employees according to the law, and plans for disposing of the college's assets.

c) Number of sets of documents: 01 set.

3. Procedures for dissolving a vocational college

a) The Ministry of Education and Training receives dissolution documents from the management agency, organization, or individual. Within thirty working days from the date of receiving valid documents, the Minister of Education and Training shall issue a decision to establish an Appraisal Board for reviewing the dissolution of the vocational college;

b) Based on the results of the review, the Minister of Education and Training shall issue a decision to dissolve the vocational college.

c) The decision to dissolve the institution must clearly specify the reasons for dissolution, measures to ensure the rights of teachers, learners, and employees in the institution. The decision to dissolve the institution must be publicly announced through mass media.

6. Article 17 is supplemented and amended as follows:

"Article 17. Conditions for Registration of Activities

1. There is a decision to establish or permit establishment of a vocational college issued by the Minister of Education and Training.

2. The organizational structure of the college has been completed in accordance with the approved establishment file.

3. There is a core teaching staff and management personnel capable of building and implementing training programs, ensuring a student-to-faculty ratio not exceeding 25 students per faculty member in each knowledge block across all training fields, including at least 15% of faculty members holding master's degrees or higher.

4. There are sufficient lecture halls, classrooms, libraries, functional rooms, laboratories, practical and experimental facilities, and other material resources meeting the requirements of the training program. The area of constructed and put into use buildings must average at least 9 square meters per student, with a minimum study area of 6 square meters per student, and a minimum living and activity area of 3 square meters per student; there must be sufficient office space for faculty and staff with a minimum area of 8 square meters per person.

5. There are financial resources to cover the costs of maintaining and developing training activities of the college.

6. The College Regulations on Organization and Operation and Internal Expenditure Regulations have been established and promulgated.

7. Ensuring conditions for opening training fields in accordance with current regulations of the Minister of Education and Training.

7. Supplement Article 17a as follows:

"Article 17a. Application Files and Procedures for Registration of Activities

1. Application Files for Registration

a) A brief report on the registration of activities and opening of training fields, introducing the college's development process, the necessity of opening training fields; training objectives, program structure, detailed course descriptions, training plans; capabilities and levels of ensuring conditions stipulated in Article 17 of this Charter;

b) A certified copy of the Decision to Establish or Permit Establishment of the Vocational College issued by the Minister of Education and Training;

c) The College's Regulations on Organization and Operation;

d) A certified copy of the Land Use Right Certificate or land allocation approval document for constructing the college, clearly specifying the area, boundary markers, address of the provincial People's Committee or legal documents on the right to use the land for construction of the college;

đ) Construction planning and overall design of the college approved by the direct management agency for public vocational colleges or by the provincial People's Committee for private vocational colleges;

e) A report on the implementation of commitments in the establishment project, including: construction area; number and area of classrooms, offices, laboratories, practical facilities; library, dormitory; recreational, sports, cultural, health, service facilities; financial preparation for college activities consistent with the content and implementation plan of the project; scale of training and teaching staff in training fields;

g) A proposal to open training fields approved by the College's Scientific and Training Council;

h) An inspection record and confirmation by the provincial People's Committee regarding the college's construction, material resources, and teaching staff listed in the college's registration and training field opening application file;

i) An appraisal record of the training program by the Appraisal Board;

k) Number of files sent for on-site inspection and program appraisal (excluding files specified in points h and i of this clause): three copies sent to the provincial People's Committee; five copies sent to the unit responsible for appraising the training program;

l) Number of files sent to the Ministry of Education and Training: one copy.

2. Procedures for granting permission to operate

a) The college sends the registration dossier for operation to the People's Committee of the province where the college is located for verification of conditions for registration of training activities, while sending a letter to the Ministry of Education and Training requesting an assessment of the training program;

b) The People's Committee of the province establishes a team to inspect the conditions for registration of operations, prepares a record of confirmation, sends one copy to the Ministry of Education and Training, one copy to the college, and retains one copy together with the dossier as a basis for checking the college's compliance during the organization of training;

c) The Ministry of Education and Training designates the unit to assess the training program. The assessing unit is responsible for establishing an Assessment Board, which prepares minutes evaluating the structure and content of the training program; material conditions and equipment serving teaching and learning; faculty and management staff, and other quality assurance conditions; conclusions on the content and quality of the program and the conditions ensuring the quality of training activities and implementing the training program of the project. The head of the assessing unit confirms the minutes and conclusions of the Board, sends one copy to the Ministry of Education and Training for reporting; one copy to the assessed college to complete and supplement the project dossier, and one copy retained at the assessing unit;

d) Based on the records of the provincial People's Committee inspecting the conditions for registration of operations and opening training programs, and the records of the Program Assessment Board, the college completes and supplements the dossier and sends it to the Ministry of Education and Training. Within 60 working days from the date of receiving a valid dossier, the Minister of Education and Training issues a decision granting permission to operate and open training programs if the dossier meets the conditions for operation and opening training programs, or notifies the training institution if the dossier does not meet the conditions."

8. Clause 1 of Article 35 is amended as follows:

"1. The General Meeting of Shareholders includes all shareholders participating in capital contribution to establish a private college. All shareholders have the right to vote, the value of their votes being calculated according to the proportion of shares contributed;"

Article 2. Amend and supplement Article 7 of the Regulations on Joint Training Programs from College to University Level issued together with Decision No. 06/2008/QĐ-BGDĐT dated February 13, 2008, of the Minister of Education and Training as follows:

"Article 7. Registration for Joint Training Programs from College to University Level

1. The registration dossier for joint training programs from college to university level shall include:

a) A request for registration of joint training programs. The content of the request must clearly state: the program and level of joint training; training needs; training institutions; organization of the training process; criteria, forms, and conditions for selection; projected enrollment targets; conditions for ensuring training quality and commitments to ensure quality;

b) Copies of decisions to open programs for those programs registered for joint training;

c) A comparison table of the training program already completed by the candidates at the college level and the training program leading to a bachelor's degree, serving as a basis for developing the joint training program;

d) The joint training program;

đ) An additional knowledge program for students who are in a different field of joint training but within the same discipline group:

a) Report on the process and results of Universal Access to Early Childhood Education, accompanied by statistical tables on Universal Access to Early Childhood Education (Annex III) compiled from early childhood education units at the commune level (for district-level units), compiled from district-level units and accompanied by statistics of each district-level unit (for provincial-level units);

2. Procedures for registering joint training programsThe Ministry of Education and Training receives and examines the dossier. Within a period not exceeding 20 working days from the date of receipt of a valid dossier, the Ministry of Education and Training considers and issues a decision assigning the task of joint training to the college or responds in writing regarding the non-assignment of the joint training task to the college."

Article 3. This Circular takes effect from November 20, 2011.

Article 4. Ministers of Ministries, Heads of agencies equivalent to Ministries, agencies under the Government, Chairmen of Provincial People's Committees, Chief of the Office of the Ministry, Directors of the Department of Higher Education, Heads of units related to the Ministry of Education and Training, Presidents of universities, rectors of colleges are responsible for implementing this Circular./.