Circular No. 46/2016/TT-BLDTBXH on the Charter of Colleges

CIRCULAR

Regulations on the Charter of Colleges

Pursuant to the Vocational Education Law dated November 27, 2014;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director General of the Vocational Training Administration;

The Minister of Labor, Invalids and Social Affairs issues this Circular on the Charter of Colleges.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation

This Circular regulates the Charter of public colleges and private colleges (hereinafter referred to collectively as the Charter of Colleges), including: Tasks and powers; organization and management of colleges; organization of training activities; lecturers, managers, civil servants, workers, and students in colleges; financial resources and assets of colleges; relationships between schools and enterprises, families, and society; implementation of the Charter of Colleges.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Circular applies to colleges and organizations and individuals participating in activities at colleges;

b) For colleges that are members of regional universities or national universities, this Circular and the regulations on the organization and operation of regional universities or national universities shall apply;

c) Colleges with foreign investment capital shall implement the provisions on the operation of private colleges and the rights of students in this Circular and the relevant laws on cooperation and investment from abroad in the field of vocational education, except for the standards for lecturers and managers which must not be lower than those specified in this Circular;

d) This Circular does not apply to teacher training colleges.

Article 2. Interpretation of Terms

1. Founding members are individuals who participate directly in proposing and preparing for the establishment of colleges, whose names appear in the list of founding members in the college establishment dossier.

2. Community colleges are public colleges under the provincial people's committees or centrally governed cities, organizing training at the college level, intermediate level, and basic level; regularly organizing training according to Section 2 of Chapter III of the Vocational Education Law, with appropriate time, methods, and forms of training suitable for each training program, ensuring flexibility for different student groups, meeting economic and social development needs and local human resource planning; cooperating with higher education institutions to develop transfer programs to the university level based on cooperation and commitment agreements between the two institutions, in accordance with legal provisions.

Article 3. Legal Status of Colleges

1. Colleges are vocational education institutions, having autonomy and responsibility in accordance with the law.

2. Colleges have legal personality, their own seals and separate bank accounts.

Article 4. Principles for Naming Colleges

1. The Vietnamese name of a college consists of the following components:

a) A term identifying the type of institution: College, community college;

b) A term identifying the type, field, or main group of majors or trades (if necessary);

c) A term identifying a specific name: Name of a locality, name of a cultural figure, historical figure, individual, or organization;

d) A term identifying quality or class (if necessary).

2. The name of a college may not be the same as that of a previously established college.

3. The international trade name of a college must accurately reflect its Vietnamese name, avoiding confusion with other college names.

4. The Vietnamese name of a college must be recorded in the decision to establish or permit establishment, seal, and official documents of the college, and displayed at the main campus and branch campuses.

Article 5. Types of College Institutions

1. College institutions under this Circular shall be organized in the following types:

a) Public colleges;

b) Private colleges.

2. The administrative body managing public colleges is the agency or organization responsible for managing the college institution according to the provisions of the law, including:

a) Colleges directly under ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations;

b) Colleges directly under units under ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations;

c) Colleges directly under provincial people's committees, municipal people's committees under the central government (hereinafter referred to collectively as provincial people's committees).

Article 6. State Management over College Institutions

1. College institutions are subject to state management in vocational education by the Ministry of Labor, Invalids and Social Affairs, while also being subject to territorial management by the provincial people's committee where the main office or branch of the college is located.

2. Ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations, provincial people's committees shall cooperate with the Ministry of Labor, Invalids and Social Affairs to implement state management over college institutions under their management as stipulated in this Circular and relevant laws.

Article 7. Regulations on Organization and Operation of College Institutions

1. The regulations on organization and operation of college institutions shall be issued by the rector based on the resolution of the school council for public colleges or the board of directors for private colleges, concretizing the provisions of this Circular, adapting to the specific conditions of the school, not violating relevant legal provisions, and being publicly announced.

2. The regulations on organization and operation of college institutions shall include the following main contents:

a) Name of the school, abbreviated name (if any); Objectives and mission;

b) Tasks and powers of the school;

c) Organization of training activities, scientific research, technology, production services, and international cooperation;

d) Tasks and rights of lecturers, managers, civil servants, and workers;

e) Tasks and rights of students;

g) Organization and management of the school;

h) Finance and assets;

i) Relations between the school, enterprises, families, and society;

k) Inspection, supervision, commendation, and handling of violations.

3. After issuance, the regulations on organization and operation of college institutions must be publicly announced throughout the school and on the school’s electronic information website (if available).

4. Within ten working days from the date of signing the issuance of the regulations on organization and operation of college institutions, the rector of the school has the responsibility to send them to the following agencies:

a) Administrative body managing the college for public colleges;

b) Ministry of Labor, Invalids and Social Affairs (General Department of Vocational Training);

c) Provincial Department of Labor, Invalids and Social Affairs where the main office of the college is located.

5. Issuance of Amended and Supplementary Regulations on Organization and Operation of College Institutions

The rector of the college shall issue amended and supplementary regulations on organization and operation of his/her own college according to Articles 1, 2, 3, and 4 of this Article.

Article 8. Tasks, Authorities, and Autonomy Rights of Colleges

1. Colleges shall perform tasks and authorities as prescribed in Article 23 of the Vocational Education Law and the following provisions:

a) Organizing direct training for production, business, and service personnel at college, intermediate, and basic levels, and conducting regular training as prescribed;

b) Compiling or selecting, approving, and implementing training programs and textbooks for each permitted field and profession according to regulations of the Ministry of Labor, Invalids, and Social Affairs;

c) Developing and organizing admission plans for training according to regulations of the Ministry of Labor, Invalids, and Social Affairs;

d) Organizing training activities; conducting examinations, graduation assessments, printing graduation certificates, managing, issuing, recalling, and canceling college and intermediate level graduation certificates, and basic level certificates according to regulations of the Ministry of Labor, Invalids, and Social Affairs;

đ) Recruiting and managing lecturers, managers, civil servants, and workers of the college to ensure sufficient quantity and suitability with fields, professions, scale, and training levels as prescribed by law;

e) Cooperating with enterprises, organizations, individuals, and families of students in vocational education activities;

g) Implementing democracy and transparency in performing training, research tasks, applying research results, transferring technology into practical production, business, and service activities, and financial operations; having mechanisms for students to participate in evaluating training activities, lecturers to participate in evaluating management staff, civil servants, and workers of the institution;

h) Managing and using land, facilities, equipment, and finance of the college according to legal regulations;

i) Deciding on the establishment of subordinate organizations according to the organizational structure approved in the institutional operation regulation of the college; deciding on the appointment, dismissal, and removal of positions from department heads, faculty heads, and equivalent positions according to regulations;

k) Cooperating with enterprises, production, business, and service bases in training activities regarding planning, building training programs and textbooks; organizing teaching, guiding practice, internships, and assessing student learning outcomes;

l) Jointly operating and linking with domestic and foreign economic, educational, and scientific research organizations according to legal regulations to improve training quality, link training with employment and labor markets;

m) Using income from training, science, technology, production, business, and service activities to invest in building college facilities, funding training activities, and supplementing the college's financial resources according to legal regulations;

n) Being granted or leasing land and facilities by the State; receiving budget support when performing State-assigned tasks under procurement contracts; enjoying preferential policies on tax and credit according to legal regulations.

2. Colleges shall exercise autonomy rights as prescribed in Article 25 of the Vocational Education Law and the following provisions:

a) Determining the mission, strategy, and development plan of the institution;

b) Deciding on the establishment of organizational structures, developing lecturer, manager, civil servant, and worker teams based on the institution's strategy and development planning;

c) Collecting and spending finances, investing in ensuring training quality conditions according to legal regulations; determining tuition fees corresponding to quality assurance conditions for high-quality training programs and self-management financial regulations for colleges as prescribed;

d) Admitting students and managing learners; developing training programs; organizing the compilation or selection of teaching materials suitable for each program's training objectives according to regulations of the Ministry of Labor, Invalids, and Social Affairs;

đ) Organizing the implementation of scientific research and technological cooperation activities, international cooperation according to the institution's development strategy and plan; ensuring training quality; selecting educational quality assessment organizations to register for assessment;

e) Issuing institutional organization and operation regulations; defining the functions and tasks of subordinate organizations;

g) For public colleges granted autonomy rights (colleges self-funding recurrent and capital expenditures; colleges self-funding recurrent expenditures), deciding on job positions, civil servant structures according to occupational titles and the number of employees suitable for assigned functions and tasks, ensuring stable employment and income for additional employees and complying with relevant legal regulations;

For public colleges not yet granted autonomy rights (colleges fully funded by the State for recurrent expenditures; colleges partially funded by the State for recurrent expenditures), the Minister, Head of a ministry-level agency, Head of a government-affiliated agency, or Chairman of a provincial People's Committee decides on job positions, civil servant structures according to occupational titles and the number of employees within the total number of employees assigned by the competent authority according to legal regulations.

Chapter II

COLLEGE ORGANIZATION AND MANAGEMENT

Article 9. Organizational structure, establishment, cessation of operations, dissolution of college organizations

1. The organizational structure of colleges includes:

a) The College Council for public colleges, the Management Board for private colleges;

b) The Rector and Deputy Rectors;

c) Departments or specialized units;

d) Faculties, departments;

đ) Advisory boards;

e) Branches; scientific research organizations and technology; organizations serving education, scientific research and application; production, business, service bases (if any).

2. The establishment and cessation of operations of college branches shall be carried out in accordance with the provisions of Government Decree No. 143/2016/NĐ-CP dated October 14, 2016 on conditions for investment and operation in the vocational education sector.

3. The establishment and dissolution of subordinate organizations of colleges; the organizational structure, tasks, and powers of each organization shall be implemented in accordance with the provisions of the law, this Circular, and shall be detailed in the regulations on the organization and operation of the college.

Article 10. Number, organizational structure, tasks, and powers of the College Council; tasks and powers of the Chairperson and Secretary of the College Council

1. The College Council is established at public colleges. The College Council is a management body representing the ownership rights of the college.

2. The College Council has tasks and powers as prescribed in Clause 2 of Article 11 of the Vocational Education Law and the following provisions:

a) Regularly or exceptionally report and explain to the managing authority of the college and the state management agency for vocational education about the conditions ensuring quality, results of activities, implementation of commitments, and finances of the college;

b) Recommend the competent authority to approve plans for supplementing, relieving, dismissing, or replacing members of the College Council;

c) Approve regulations on the number, organizational structure of labor positions; recruitment, management, utilization, development of teaching staff, managerial cadres, civil servants, and workers of the college;

d) Introduce personnel to implement the appointment process for the Rector and Deputy Rectors; conduct annual evaluations of the performance of the Rector and Deputy Rectors; recommend the competent authority to relieve or dismiss the Rector and Deputy Rectors; organize surveys to measure the confidence in the Rector and Deputy Rectors during their term of office or exceptionally when necessary;

đ) Require the Rector to explain issues that have not been implemented, implemented incorrectly, or incompletely according to the resolutions of the College Council. If the College Council disagrees with the explanation of the Rector, it shall report to the managing authority of the college.

3. Activities of the College Council

a) The College Council convenes regularly at least once every three months and convenes exceptionally upon written request from more than 30% of the total number of College Council members or upon written request from the Rector or the Chairperson of the College Council.

A meeting of the College Council is valid if at least 70% of the total number of College Council members attend. The College Council operates based on the principle of collective work and decides by majority rule. A resolution of the College Council is valid if more than 50% of the total number of College Council members agree. In case of equal votes, the final decision belongs to the side with the opinion of the Chairperson of the College Council. Minutes of meetings and resolutions of the College Council must be sent to all College Council members, the managing authority of the college within ten working days from the date of the meeting or the signing of the resolution.

b) The term of the College Council is five years and coincides with the term of the Rector. The College Council may use the seal and organizational structure of the college to carry out its functions, tasks, and powers within its scope of responsibilities.

c) Delegation of management of the College Council

When the Chairperson of the College Council cannot work during the period specified in the regulations on the organization and operation of the college, they must delegate in writing one of the remaining members of the College Council to assume the responsibility of the Chairperson of the College Council. The delegation letter must be notified to all College Council members, sent to the managing authority of the college, and publicly announced throughout the college. The delegation period shall not exceed six months.

4. The number of members of the College Council is odd, including one Chairperson, one Secretary, and other members. The composition of the College Council is regulated in Clause 3 of Article 11 of the Vocational Education Law.

In cases where representatives of production, business, and service entities participate in the College Council, they must meet the following requirements:

a) They are currently operating in fields related to training, science, technology, production, business, and services relevant to the functions and tasks of the college;

b) They are not related by blood or marriage to other members of the College Council.

5. The number, organizational structure of College Council members, procedures, and formalities for selecting members, electing the Chairperson and Secretary of the College Council must be specifically stipulated in the regulations on the organization and operation of the college approved by the Rector.

6. The Chairperson of the College Council is elected from among the members of the College Council by secret ballot and with the agreement of more than 50% of the total number of College Council members. The Chairperson of the College Council has the following tasks and powers:

a) Convene meetings of the College Council;

b) Decide on the agenda, chair meetings, and organize voting at meetings of the College Council;

c) Manage the College Council to perform tasks and powers as prescribed in Clause 2 of Article 11 of the Vocational Education Law and Clause 2 of this Article.

7. The qualifications of the Chairperson of the College Council are the same as those of the Rector of a college as prescribed in Clause 2 of Article 14 of the Vocational Education Law.

8. The Secretary of the School Council shall be proposed by the Chairperson of the School Council from among the members of the School Council and approved by more than 50% of the total number of members of the School Council. The Secretary of the School Council shall not concurrently hold the position of Principal or Deputy Principal, and shall directly assist the Chairperson of the School Council in performing the following duties and powers:

a) Summarizing and reporting to the Chairperson of the School Council on the activities of the school; preparing the agenda, content, documents, sending meeting invitations, and serving as secretary for meetings of the School Council; drafting, completing, and archiving documents of the School Council;

b) Preparing reports and explanations to state management agencies and related agencies according to the functions and responsibilities of the School Council;

c) Performing other tasks assigned by the Chairperson of the School Council.

9. Members of the School Council shall be responsible for performing tasks assigned by the School Council and other tasks prescribed in the regulations on the organization and operation of the school approved by the Principal.

Article 11. Procedures for establishing the School Council; appointing, relieving, and removing the Chairperson and members of the School Council

1. Procedures for establishing the School Council and appointing the first-term Chairperson of the School Council

a) Determining the number and structure of members of the School Council

The Principal shall organize and chair a meeting comprising Vice Principals, Secretary of the Party Organization, Chairperson of the Trade Union, Secretary of the Ho Chi Minh Communist Youth Union, representatives of lecturers, and some departments, faculties, production, business, and service units of the school (if any) to determine the number and structure of members of the School Council.

b) Proposing the competent authority of the school or related production, business, and service units to send representatives to participate in the School Council;

c) Organizations specified in point a, Clause 3, Article 11 of the Vocational Education Law shall organize their own meetings to elect representatives to participate in the School Council;

đ) Deciding to establish the School Council Based on the resolution at the meeting determining the number and structure of members of the School Council, the meeting elects the Chairperson and Secretary of the School Council, the Principal shall prepare the file in accordance with Clause 3 of this Article and propose the competent authority of the school to decide to establish the School Council.

Within fifteen working days from the date of receiving the complete file requesting the establishment of the School Council, the competent authority of the school shall decide to establish the School Council of public colleges. The decision to establish the School Council must clearly state the positions and duties of the members of the School Council. In case of not deciding to establish the School Council, there must be a written response stating the reasons.

2. Procedures for establishing the School Council and appointing the Chairperson of the School Council for the next term

Three months before the end of the current term, the incumbent Chairperson of the School Council shall organize the implementation of the provisions of Clause 1 of this Article to request the establishment of the School Council for the next term.

3. The file requesting the establishment of the School Council consists of one set, including:

a) A document of the college proposing the establishment of the School Council, specifying the process of selecting members of the School Council;

b) Documents nominating representatives to participate in the School Council from organizations specified in point a, Clause 3, Article 11 of the Vocational Education Law;

c) Documents nominating representatives to participate in the School Council from the competent authority of the school or documents nominating representatives to participate in the School Council from related production, business, and service units;

4. Relieving the Chairperson and members of the School Council

a) The Chairperson and members of the School Council shall be relieved if they fall under any of the following circumstances: There is a written request from an individual to withdraw from the School Council; they are restricted in civil capacity; their health does not meet the ability to perform the assigned work, having been on sick leave for over six months without recovery; more than 50% of the total number of members of the School Council have made a written request for relief; they violate regulations to the extent that they must be relieved as stipulated in the regulations on the organization and operation of the school;

b) The School Council shall examine and make a resolution on relieving the Chairperson and members of the School Council and submit the file requesting the competent authority of the school to make a decision.

The file requesting the relief of the Chairperson and members of the School Council consists of one set, including: A document clearly stating the reasons for relief and related supporting documents and papers.

c) Within fifteen working days from the date of receiving the complete file requested by the school, the competent authority of the school shall issue a decision to relieve the Chairperson and members of the School Council. If it does not agree to relieve them, it must respond in writing and state the reasons.

5. Removing the Chairperson and members of the School Council

a) The Chairperson and members of the School Council shall be removed if they fall under any of the following circumstances: Using illegal documents to obtain appointment; failing to fulfill management and operational tasks assigned without a valid reason resulting in serious consequences; being sentenced to suspended imprisonment or non-custodial correction; violating laws on anti-corruption, thrift, waste prevention, gender equality, prostitution prevention, and other laws related to civil servants and public officials to a serious extent; violating regulations to the extent that they must be removed as stipulated in the regulations on the organization and operation of the school;

b) The School Council shall examine and make a resolution on removing the Chairperson and members of the School Council and submit the file requesting the competent authority of the school to make a decision.

The file requesting the removal of the Chairperson and members of the School Council consists of one set, including: A document clearly stating the reasons for removal and related supporting documents and papers.

c) Within fifteen working days from the date of receiving the complete file requested by the school, the competent authority of the school shall issue a decision to remove the Chairperson and members of the School Council. If it disagrees, it must respond in writing and state the reasons.

Article 12. Board of Directors

1. The Board of Directors shall be established at private colleges with two or more capital contributors. The Board of Directors is the sole representative organization for the owners of the school.

For private colleges established by a single individual investor, the individual owner of the school shall be responsible for performing the tasks and powers stipulated in Clause 2 of this Article.

2. The Board of Directors shall perform tasks and powers as prescribed in Clause 2 of Article 12 of the Vocational Education Law and the following provisions:

a) Propose the program and prepare materials to serve the meeting of the Shareholders' General Meeting; convene regular or extraordinary meetings of the Shareholders' General Meeting in accordance with the charter and operation regulations of the college;

b) Approve regulations on the number, structure of labor, job positions; recruitment, management, utilization, and development of the teaching staff, administrative personnel, and workers of the school;

c) Develop and submit to the Shareholders' General Meeting for approval the investment strategy, development plan for physical facilities, and internal financial regulations of the school;

d) Approve the training development strategy and plan, scientific research, and international cooperation proposed by the principal;

đ) Make resolutions on the establishment, amendment, and supplementation of the organizational and operational charter of the school; approve the organizational and operational charter of the school after it has been approved by the Shareholders' General Meeting regarding financial regulations;

e) Elect the principal and submit to the Minister of Labor, Invalids, and Social Affairs for recognition; decide on the appointment and dismissal of deputy principals;

g) Develop annual activity reports and financial settlement statements of the school and submit them to the Shareholders' General Meeting for approval;

h) Regularly or exceptionally report and explain about activities and the implementation of commitments of the school with state management agencies and related parties as required.

3. Activities of the Board of Directors

a) The Board of Directors shall meet regularly once every three months. Extraordinary meetings shall be organized upon decision of the Chairman of the Board of Directors, but must be agreed upon by at least 30% of the total number of Board members;

b) The Board of Directors operates under the principle of collective responsibility, deciding by majority rule;

c) A meeting of the Board of Directors is valid when at least 70% of the total number of Board members attend;

d) The notice inviting the Board of Directors to meet must include the agenda, content, and materials for the meeting and must be sent to all Board members via guaranteed mail or express mail, with confirmation signatures from recipients at least five days before the meeting date;

đ) Resolutions of the Board of Directors are passed through voting at the meeting according to the principle that each Board member is one vote, and the resolution is valid when more than 50% of the total number of Board members agree. In case of equal votes, the final decision belongs to the side with the opinion of the Chairman of the Board of Directors.

Within ten working days from the date the Board of Directors' resolution is passed, the resolution must be sent to all Board members.

c) Within ninety days from the date the Board of Directors' resolution is passed, shareholders and Board members have the right to petition the competent authority to review and revoke the Board of Directors' resolution if any of the following situations occur:

The meeting of the Board of Directors was conducted without complying with the provisions of points a, b, c, d, and đ of this clause.

The content of the Board of Directors' resolution violates the law or the organizational and operational charter of the school.

g) The term of office of the Board of Directors is five years. The Chairman of the Board of Directors has the right to use the organizational apparatus and seal of the school within the scope of the functions and responsibilities of the Board of Directors and sign documents, resolutions, and decisions of the Board of Directors;

h) Delegation of management authority of the Board of Directors

In cases where the Chairman of the Board of Directors is absent for a period specified in the organizational and operational charter of the school, they must delegate one of the Board members to assume the responsibilities of the Chairman during their absence. The delegation must be carried out in writing, notified to all Board members, and sent to the General Department of Vocational Training and made public throughout the school. The delegation period shall not exceed six months.

4. The number of Board members is odd, including one Chairman, one Secretary, and other members. The composition of the Board of Directors participating in accordance with Clause 3 of Article 12 of the Vocational Education Law.

5. The number and structure of Board members; the procedures and formalities for selecting members, electing the Chairman, and Secretary of the Board of Directors must be specifically stipulated in the organizational and operational charter of the school approved by the principal.

6. The Chairman of the Board of Directors shall be elected among the Board members by secret ballot and majority rule, and must be agreed upon by more than 50% of the total number of Board members.

The Chairman of the Board of Directors shall have the following duties and powers:

a) As the account holder, he/she is responsible under the law for the entire financial management and property of the school. The Chairman of the Board of Directors may delegate the principal of the school as the account holder's representative, exercising rights and obligations as the account holder within the scope of the delegation;

b) Develop the program and plan of activities of the Board of Directors; prepare the agenda, content, and materials for the Board of Directors' meetings; convene and chair Board of Directors' meetings; organize the approval process and bear primary responsibility for the resolutions of the Board of Directors; supervise the implementation process of the Board of Directors' resolutions; chair the Shareholders' General Meeting;

c) Manage the Board of Directors in performing the tasks and powers stipulated in Clause 2 of this Article;

d) Submit to the Minister of Labor, Invalids, and Social Affairs for a decision recognizing the principal; decide on the appointment and dismissal of deputy principals;

d) Other rights and duties as prescribed in the organizational and operational regulations of the school. The secretary of the board of directors shall be proposed by the chairman of the board of directors from among the members of the board of directors and shall be approved by more than 50% of the total number of board of directors members.

7. The secretary of the board of directors directly assists the chairman of the board of directors in performing specific tasks and powers as follows:

a) Summarize and report to the chairman of the board of directors on the activities of the school; prepare the agenda, content, and documents for meetings, send meeting invitations, and serve as the secretary for board of directors meetings; draft, complete, and store board of directors documents;

b) Prepare reports and explanations to state management agencies, shareholders' general meeting, and related agencies according to the functions and duties of the board of directors;

c) Other tasks assigned by the chairman of the board of directors.

8. Board of directors members have the responsibility to perform tasks assigned by the board of directors and other duties as prescribed in the organizational and operational regulations of the school; they are entitled to allowances (if any) as prescribed in the organizational and operational regulations of the school.

Article 13. Procedures for Establishing the Board of Directors

1. Procedures for establishing the first term board of directors

a) Determine the number and structure of board of directors members

The legitimate representative of the organization or individual named to establish the school convenes and chairs a meeting including: Founding Committee members, capital contributors to determine the number and structure of board of directors members.

b) Propose the Department of Labor - Invalids and Social Affairs where the school's main office is located or related production, business, and service facilities to appoint representatives to join the board of directors;

c) Party organizations, mass organizations, and teaching staff within the school organize their own meetings to elect representatives to join the board of directors;

e) Establish the board of directors of the private college

The legitimate representative of the organization or individual named to establish the school prepares a dossier in accordance with Clause 3 of this Article to request the Director General of the Vocational Training General Department to establish the school's board of directors.

Within fifteen working days from the date of receiving the complete dossier requesting the establishment of the private college's board of directors, the Director General of the Vocational Training General Department decides to establish the school's board of directors. The decision to establish the board of directors must clearly state the positions of the members of the board of directors. In case of non-establishment, a written response must be provided with clear reasons stated.

2. Procedures for establishing the subsequent term board of directors

Three (3) months before the end of the term, the incumbent chairman of the board of directors organizes the implementation of the provisions of Clause 1 of this Article to request the establishment of the subsequent term board of directors.

3. The dossier for requesting the establishment of the board of directors consists of one set, including:

a) A document requesting the establishment of the board of directors, detailing the process of determining board of directors members;

b) A document appointing representatives to join the board of directors from the Department of Labor - Invalids and Social Affairs where the school's main office is located or a document appointing representatives to join the board of directors from related production, business, and service facilities;

4. Replacement of the chairman and board of directors members

The replacement of the chairman and board of directors members is reviewed and decided by the board of directors and submitted to the Director General of the Vocational Training General Department for approval, and is specifically stipulated in the organizational and operational regulations of the school.

1. The Shareholders' Meeting includes all capital contributors of the private college. In cases where the private college has only one sole shareholder, there will be no Shareholders' Meeting.

2. The Shareholders' Meeting shall have the following rights and duties:

a) Electing capital contributors to join the Board of Directors; resolving requests for additional or changed members of the Board of Directors who are also capital contributors; proposing to the Board of Directors on not recognizing representatives of capital contributors joining the Board of Directors;

b) Approving the development orientation of the institution;

c) Approving the development plan for material infrastructure, teaching equipment, faculty, management staff, and workers proposed by the Board of Directors;

d) Approving the annual financial report of the institution, relevant provisions related to finance in the organizational and operational regulations of the institution;

đ) Approving the internal financial regulations of the institution (if any);

e) Approving resolutions on increasing or decreasing the registered capital, plans for raising capital in all forms;

g) Performing other rights and duties as prescribed in the organizational and operational regulations of the institution.

3. The Shareholders' Meeting convenes annually once a year. In addition to the regular meeting, the Shareholders' Meeting may convene extraordinary meetings. Costs for convening and organizing the Shareholders' Meeting are included in the operating budget of the institution.

The regular meeting of the Shareholders' Meeting must be held compulsorily once a year within the first three months of the fiscal year. Extraordinary meetings of the Shareholders' Meeting can be convened under one of the following circumstances:

a) By decision of the Chairman of the Board of Directors or with at least 70% of the total number of Board of Directors members proposing to organize the meeting;

b) To supplement or replace capital contributors of the Board of Directors;

c) There is a document from an individual or group of shareholders holding more than 30% of the total contributed capital requesting a meeting when discovering serious violations of shareholders' rights by the Board of Directors, or decisions exceeding authority, contrary to the institutional organizational and operational regulations, internal financial regulations, or relevant laws;

d) The term of the Board of Directors has exceeded three months but has not organized a meeting to elect a new Board of Directors to replace it;

đ) Other cases as prescribed in the organizational and operational regulations of the institution.

4. Organizing the Shareholders' Meeting

a) The Shareholders' Meeting is valid when at least 70% of the total contributed capital represented by capital contributors attend the meeting;

b) If the first Shareholders' Meeting does not meet the requirements stipulated in point a of this clause, within thirty working days from the date of the first meeting, the Shareholders' Meeting can convene a second meeting, which is valid if at least 51% of the total contributed capital represented by capital contributors attend the meeting; if the second Shareholders' Meeting still does not meet the requirements, then twenty working days after the second meeting, the Shareholders' Meeting can be convened regardless of the quantity and proportion of contributed capital of attending capital contributors;

c) Summoning the Shareholders' Meeting (annual or extraordinary) must be done through a written notice of meeting; the notice of meeting must include the proposed agenda, content of the meeting, related documents, and must be sent to all capital contributors via guaranteed mail or express mail, with confirmation signatures of the recipients at least five days before the meeting;

d) Annual meetings or extraordinary meetings of the Shareholders' Meeting are convened by the Chairman of the Board of Directors; in cases where the Chairman of the Board of Directors does not convene the meeting according to the Board of Directors' plan or according to the request stipulated in Clause 3 of this Article, then thirty working days after the planned meeting date or sixty working days after receiving the document requesting an extraordinary meeting, capital contributors who propose to convene the meeting stipulated in point c of Clause 3 of this Article select a member of the Board of Directors to convene the Shareholders' Meeting, and that meeting is considered valid.

5. The content of the Shareholders' Meeting must be fully recorded in the minutes of the meeting and approved immediately during the meeting, signed by the chairperson and secretary of the meeting for storage. Decisions of the Shareholders' Meeting must be approved by voting or secret ballot at the meeting and must be sent to each capital contributor and member of the Board of Directors within fifteen working days from the date the decision is approved.

6. Decisions of the Shareholders' Meeting made at the meeting are considered valid when at least 70% of the total contributed capital represented by attending capital contributors approve them, except in cases where higher legal provisions or the organizational and operational regulations of the institution provide otherwise.

7. Within ninety days from the date the decision is approved, capital contributors and members of the Board of Directors have the right to petition the competent state management agency to review and revoke the decision of the Shareholders' Meeting in case the Shareholders' Meeting is convened without complying with the provisions of this Article or the content of the Shareholders' Meeting's decision violates the law; violates the organizational and operational regulations of the institution.

Article 15. Rector of a college

1. Role and position of the rector of a college

a) The rector of a college is the head of the college, representing the college before the law, responsible for managing all activities of the college;

b) The rector of a college is the person who directs the organization and administrative machinery of the college;

c) The term of office of the rector is five years;

d) The rector of a public college is appointed and reappointed according to terms and not more than two consecutive terms;

đ) The rector of a public college is the account holder, responsible under the law for all financial work and assets of the college.

2. The rector of a college must meet the standards prescribed in Clause 2, Article 14 of the Vocational Education Law.

3. The rector of a college has duties and powers as prescribed in Clause 3, Article 14 of the Vocational Education Law and the following provisions:

a) Develop strategies and plans for training development, scientific research, and international cooperation of the college to be submitted to the college council for public colleges or to the board of directors for private colleges for approval;

b) Develop regulations on the number, structure of labor, job positions, recruitment, management, utilization, and development of teaching staff, managerial staff, civil servants, and workers to be submitted to the college council for public colleges or to the board of directors for private colleges for approval;

c) Organize recruitment, management, and utilization of teaching staff, managerial staff, civil servants, and workers in accordance with the law;

d) Annually organize the evaluation and classification of teaching staff, managerial staff, civil servants, and workers;

đ) Consider the opinions of the advisory council before making decisions. In cases where they disagree with the content of the advisory council, the rector may make decisions, bear personal responsibility for the decision, and report to the college council for public colleges or to the board of directors for private colleges at the nearest council meeting;

e) Implement resolutions of the college council, board of directors; exchange with the chairman of the college council, chairman of the board of directors, and agree on a solution in accordance with the law if a resolution violates the law and affects the common activities of the college. If agreement cannot be reached, the rector reports to the competent authority of the college for public colleges or to the Ministry of Labor, Invalids, and Social Affairs for private colleges;

g) Continuously care for improving working, teaching, and learning conditions for teaching staff, managerial staff, civil servants, workers, and students;

h) Organize and direct the establishment of a healthy educational environment; ensure political security and social order and safety within the college;

i) Implement democratic regulations in the college; implement state policies and systems for teaching staff, managerial staff, civil servants, workers, and students in the college as prescribed;

k) Organize self-inspection, inspection, and quality assessment activities of vocational education in accordance with regulations. Comply with recommendations and decisions on inspection, inspection, and quality assessment of vocational education from authorized agencies and organizations;

l) Decide on measures to implement the policies, tasks, and powers of the college as prescribed in Article 8 of this Circular; Decide on rewards and punishments for teaching staff, managerial staff, civil servants, workers, and students within the scope of management authority;

n) Decide on the establishment and dissolution of advisory councils of the college;

o) Issue college diplomas, intermediate diplomas, primary certificates, and training certificates for students in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

1. A public college that needs to appoint a rector shall submit to the competent authority for approval of the appointment proposal.

2. Nomination of personnel for the position of rector

a) For internal sources

Based on the cadre planning resources or the recommendations from the key cadres meeting, the school council discusses, selects, and nominates personnel for the position of rector. The school council may recommend from one to three candidates.

The rector or vice-rector of the college organizes a key cadres meeting comprising the rector, vice-rectors, heads and deputy heads of departments and equivalent units, and section chiefs to exchange views and discuss the requirements and standards for appointment; announce the list of recommended individuals; summarize their curriculum vitae, educational background, and work experience; provide comments and evaluations of their strengths, weaknesses, and potential for development; and take confidence votes.

The key cadres meeting must include representatives from the managing agency of the college (representatives from the managing agency do not have voting rights). The key cadres meeting recommends candidates for the rector position through secret ballot (confidence votes according to the model attached at Appendix I of this Circular). Confidence votes serve as reference and are not grounds for appointment. The rector or vice-rector of the college organizes a joint meeting comprising the Party Secretary within the college, the rector, and vice-rectors to discuss and vote. The candidate for the rector position must be approved by more than 50% of the total number of participants in the meeting.

The key cadres meeting must include representatives from the managing agency of the college (representatives from the managing agency do not have voting rights). The key cadres meeting recommends candidates for the rector position through secret ballot (confidence votes according to the model attached at Appendix I of this Circular). Confidence votes serve as reference and are not grounds for appointment. The rector or vice-rector of the college organizes a joint meeting comprising the Party Secretary within the college, the rector, and vice-rectors to discuss and vote. The candidate for the rector position must be approved by more than 50% of the total number of participants in the meeting.

b) For external sources

The managing agency of the college or the organizational cadre agency under the ministry, agency at the ministerial level, central agency of political-social organizations, or provincial People's Committee introduces personnel who meet the appointment standards for the rector position.

Representatives from the organizational cadre agency under the managing agency of the college work with the party committee and leadership of the unit where the proposed appointee is currently working to understand and verify the appointee's curriculum vitae and exchange opinions and unify views on the need for appointment with the unit where the appointee is currently working.

Based on the results of understanding and verifying the appointee's curriculum vitae and the comments of the unit where the appointee is currently working, the organizational cadre agency under the ministry, agency at the ministerial level, central agency of political-social organizations, or provincial People's Committee seeks the opinion of the party committee of the unit to unify the decision on appointing the rector of the college; discuss, comment, evaluate, and vote.

The organizational cadre agency under the ministry, agency at the ministerial level, central agency of political-social organizations, or provincial People's Committee proposes to the authorized person to consider and decide on the appointment.

c) For the first rector of the college

Based on the appointment standards for the rector of the college stipulated in Clause 2, Article 14 of the Vocational Education Law, the organizational cadre agency under the ministry, agency at the ministerial level, central agency of political-social organizations, or provincial People's Committee selects and proposes to the authorized person specified in Clause 4 of this Article to consider and decide on the appointment.

3. Application for Appointment of the Rector

The application for appointment of the rector consists of one set, including:

a) A request document for the authorized person to decide on the appointment according to the model attached at Appendix II of this Circular for internal sources; according to the model attached at Appendix VI of this Circular for external sources or for the first rector of the college;

b) A self-declared curriculum vitae of the proposed appointee according to Model 2C-BNV/2008 issued together with Decision No. 02/2008/QD-BNV dated October 6, 2008, of the Minister of Home Affairs on issuing models for managing cadres' and civil servants' files, confirmed by the employing agency;

c) A declaration of assets and income according to the model attached at Appendix II issued together with Circular No. 08/2013/TT-TTCP dated October 31, 2013, of the Government Inspector General guiding the implementation of regulations on asset and income transparency;

d) Educational certificates and training certificates of the proposed appointee;

đ) Comments from the party committee or local government where the proposed appointee resides;

e) For internal sources, in addition to the documents required under points a, b, c, d, and đ of this clause, the following additional documents are needed:

Minutes of the key cadres meeting (according to the model attached at Appendix III of this Circular).

Minutes of the joint meeting (according to the model attached at Appendix IV of this Circular).

An evaluation and assessment of the collective leadership of the college regarding the proposed appointee (according to the model attached at Appendix V of this Circular).

g) For external sources or the first rector of the college, in addition to the documents required under points a, b, c, d, and đ of this clause, the following additional document is needed:

An evaluation and assessment of the collective leadership of the unit where the proposed appointee is currently working (according to the model attached at Appendix VII of this Circular).

4. Decision on Appointment of the Rector of the Public College

Article 17. Recognition Procedure for the Principal of a Private College

1. Nomination of Personnel for the Position of Principal

The Board of Directors or individual owner of the college, based on the principal standards stipulated in Clause 2, Article 14 of the Vocational Education Law, selects and proposes to the competent authority as prescribed in Clause 3 of this Article to recognize.

2. Documents for Requesting Recognition of the Principal

a) A document from the Board of Directors or individual owner of the college requesting the competent authority to recognize (in accordance with the form attached as Appendix VIII to this Circular);

b) Minutes of the Board of Directors' meeting proposing recognition of the college principal (in accordance with the form attached as Appendix IX to this Circular);

d) Educational certificates and training certificates of the person proposed for recognition.

3. Decision on Recognition of the Principal of a Private College

Within twenty working days from the date of receipt of the complete set of documents for requesting recognition of the principal of a private college from the Board of Directors or individual owner of the college, the Minister of Labor, Invalids, and Social Affairs shall decide to recognize the principal of a private college. In case of disagreement, a written response must be provided with clear reasons.

Article 18. Removal, Dismissal, and Non-recognition of the Principal of a College

1. The principal of a public college will be removed under any of the following circumstances:

a) There is a document requesting resignation from the position of principal of a public college;

b) Their civil capacity is restricted;

c) Health condition does not allow the performance of assigned tasks, requiring more than six months off work for treatment without recovery;

d) More than seventy percent of the total number of lecturers, managers, and staff of the college have submitted a written request for removal;

đ) Violation of regulations stipulated in the charter of organization and operation of the college to the extent that removal is necessary.

2. The principal of a public college will be dismissed under any of the following circumstances:

a) Using illegal documents to obtain appointment;

b) Failing to fulfill management and operational tasks assigned without justifiable cause resulting in serious consequences;

c) Being sentenced to suspended imprisonment or corrective labor without detention;

d) Committing serious violations of laws related to anti-corruption; thrift and anti-waste; gender equality; prevention of prostitution and other related laws;

đ) Violating regulations stipulated in the charter of organization and operation of the college to the extent that dismissal is necessary.

a) Evaluation and assessment of the principal of the college by the College Management Board and the Party Organization's Leadership, specifying the reasons for requesting removal or dismissal; the principal's own evaluation, assessment, and self-criticism;

b) A document from the College Management Board and the Party Organization's Leadership requesting removal or dismissal of the principal of a public college;

c) Relevant health records of the principal or records confirming the principal's failure to fulfill tasks or disciplinary violation records of the principal or records proving violations as stipulated in Clauses 1 and 2 of this Article.

Within twenty working days from the date of receipt of the complete set of documents for requesting removal or dismissal of the principal, the competent authority appointing the principal of the college as prescribed in Clause 4, Article 16 of this Circular shall decide on the removal or dismissal of the principal of a public college. If removal or dismissal is not decided, a written response must be provided with clear reasons.

5. Non-recognition of the Principal of a Private College

The non-recognition of the principal of a private college is examined and resolved by the Board of Directors, submitting a request to the Minister of Labor, Invalids, and Social Affairs for non-recognition, and is regulated in the charter of organization and operation of the college.

Article 19. Deputy College Principals

1. Deputy college principals assist the principal in managing and directing the activities of the institution.

2. Deputy college principals must have good political qualities and morals; have at least three years of teaching experience or participation in vocational education management; hold a bachelor's degree or higher; have undergone training and development in vocational education management; be in good health; possess credibility and management capability.

In particular, the deputy principal responsible for training shall meet the appointment criteria equivalent to those for the principal.

3. Deputy college principals directly oversee certain areas of work assigned by the principal; they may represent the principal in resolving matters and bear responsibility before the principal and the law for the tasks resolved; they are responsible for reporting to the principal on the implementation of assigned tasks. The term of office for deputy principals is five years.

Article 20. Advisory Council

1. The advisory council within the college is established by the principal to advise on certain necessary tasks related to the implementation of the institution’s duties and powers. The advisory council operates on a case-by-case basis and does not receive remuneration.

2. The advisory council may include members from within the institution and external members who are active in fields relevant to the institution’s advisory needs.

3. The establishment, organization, operation, duties, and powers of the advisory council are decided by the principal and must be specifically stipulated in the institution’s organizational and operational regulations as provided for in Article 9 of this Circular.

Article 21. Departments and Disciplines Subordinate to the College

1. Based on the scale and vocational training programs, the principal decides to establish departments and disciplines subordinate to the college according to the organizational structure approved in the institution’s organizational and operational regulations as stipulated in Article 9 of this Circular.

2. Departments and disciplines subordinate to the college have the following responsibilities:

a) Managing faculty members, administrative staff, civil servants, workers, and students assigned by the principal;

b) Implementing teaching plans, study schedules, and other extracurricular activities according to the annual teaching plan of the college as prescribed by the Ministry of Labor, Invalids, and Social Affairs, including:

Developing training programs for each profession and trade at various levels under their management or as assigned by the principal.

Organizing the detailed syllabus for courses, modules, and credits to ensure consistency and avoid overlap between courses, modules, and credits within the training program or between different training levels.

Organizing the development of training programs, compiling materials, and textbooks for training in accordance with the school's development direction; developing training programs, textbooks, and teaching materials for college, intermediate, and basic levels, and regular training programs as prescribed.

Organizing research to improve teaching and learning methods to enhance training quality.

Establishing and implementing assessment methods for student academic performance and discipline, ensuring that graduates meet the published standards and market labor demands.

c) Planning and organizing scientific and technological activities, international cooperation; collaborating with scientific and technological organizations, production, business, and service providers related to the training professions, and involving businesses in the training process of the department or discipline;

d) Developing plans for faculty member development, training professions, and facilities and equipment for training and scientific research; enhancing conditions to ensure training quality; conducting experimental activities, scientific research, and applying technology to the training process;

đ) Developing plans and organizing political, ideological, moral, and lifestyle education for faculty members, administrative staff, civil servants, workers, and students; planning training and upgrading the professional skills of faculty members and workers in the department or discipline;

e) Organizing evaluations of faculty members, administrative staff, civil servants, and workers in the department or discipline and participating in evaluating administrative staff in the institution as stipulated by the institution; effectively managing and utilizing training facilities and equipment as prescribed by the principal; proposing and developing plans for supplementing and maintaining training equipment of the department or discipline;

h) Implementing reporting procedures as prescribed by the principal.

3. Heads of Departments and Disciplines, Deputy Heads of Departments and Disciplines

a) Departments and disciplines subordinate to the college have heads and may have deputy heads. The heads and deputy heads of departments and disciplines are appointed, relieved, or dismissed by the principal according to regulations and are specifically stipulated in the institution’s organizational and operational regulations;

b) The heads of departments and disciplines are responsible for managing and directing the activities of the departments and disciplines according to the duties specified in Clause 2 of this Article and as assigned by the principal;

c) The heads of departments and disciplines must have a bachelor's degree or higher relevant to the training profession in the department or discipline;

d) Deputy heads of departments and disciplines assist the heads in managing and directing the activities of the departments and disciplines. The number of deputy heads depends on the functions, tasks assigned, and the scale of training in the department or discipline and the institution, and is specifically stipulated in the institution’s organizational and operational regulations;

đ) The heads and deputy heads of departments and disciplines must meet the criteria for college-level teaching faculty, have at least two years of experience in training management, teaching, and scientific research, and possess management capabilities.

The age limit for the first term of appointment for heads and deputy heads of departments and disciplines in public colleges is not more than fifty-five years old for males and fifty years old for females as of the month when the appointment process is implemented.

4. Department Council

a) The department council is established to advise the department head on implementing the tasks of the department as stipulated in Clause 2 of this Article; to advise the department head on management innovation, training, scientific research, and technology transfer of the department;

b) The department council consists of a chairman appointed by the rector based on the proposal of the department head and other members. The number of members in the department council must be odd and at least seven, including: the department head, deputy department heads, heads of departments, some lecturers within the department, and some external members outside the institution with expertise and experience relevant to the department's field of specialization (if necessary);

c) The chairman of the department council is elected from among the members of the department council through a secret ballot and must receive more than 50% of the total votes of the members listed in the council;

d) The department council convenes at least once per academic semester, convened by the chairman of the department council. The meeting agenda must be notified to all members of the department council at least three days before the meeting date; the department council meeting is valid when at least 70% of the total members attend; the conclusions of the department council meeting take effect when more than 50% of the total members listed in the council vote in agreement. The minutes of the department council meeting must be submitted together with corresponding proposals of the department head for the rector's consideration and decision on issues related to personnel organization, training activities, science, and technology of the department;

e) The number of members and procedures for selecting members, the organization, and operation of the department council are specifically regulated in the school's organizational and operational regulations;

Article 22. Departments under the Department

1. The establishment of departments under the department is decided by the rector;

2. The organization and operation of departments under the department; the appointment, dismissal, and removal of the head and deputy head of departments under the department are specifically regulated in the school's organizational and operational regulations;

Article 23. Functional Departments

1. Functional departments have the responsibility to assist the rector in managing, compiling, proposing opinions, and organizing the implementation of the main activities of the institution such as: training, administration, governance, organization, staff, compilation, scientific research, international cooperation, student management, financial management, equipment and basic construction management, quality assurance and assessment according to the functions and tasks assigned by the rector;

The rector decides to establish functional departments according to the organizational structure of the institution approved in the school's organizational and operational regulations;

2. A functional department has a director and may have deputy directors. The director and deputy directors are appointed, dismissed, and removed by the rector according to the regulations and are specifically defined in the school's organizational and operational regulations;

a) The director must have a bachelor's degree or higher. Specifically, the director of the training management, science, and technology department must have a master's degree or higher and at least two years of management and teaching experience;

b) Deputy directors assist the director in managing and directing the activities of the department according to the assigned functions and tasks, the number of deputy directors depends on the assigned functions and tasks and the scale of training of the institution, and are specifically defined in the school's organizational and operational regulations;

3. The term of office of the director and deputy director is five years and can be reappointed. The age limit for the first term of appointment of the director and deputy director of public college does not exceed fifty-five years old for men and fifty years old for women as of the month the appointment process is carried out.

Article 24. Scientific research organizations, technological organizations; training service organizations; production, business, and service bases

1. A college may establish subordinate organizations to serve educational activities such as: Library; scientific research center; technology and technology application center; practical workshop; tradition room; club; cultural and sports house; dormitory and dining hall.

2. A college may establish production, business, and service bases to create conditions for students and lecturers of the institution to practice and intern to enhance their knowledge and skills. The establishment of production, business, and service bases and the organization of production, business, and service activities of the college shall be carried out in accordance with the provisions of the law.

3. Organizations specified in Clause 1 and Clause 2 of this Article shall not have the function of organizing education, linking education to issue diplomas and certificates.

4. The establishment, dissolution, functions, tasks, organizational structure, and activities of organizations specified in Clause 1 and Clause 2 of this Article shall be decided by the rector in accordance with current laws and specifically stipulated in the school's organizational and operational regulations.

Article 25. Communist Party of Vietnam Organization, Youth Union, and Social Organizations

1. The Communist Party of Vietnam organization in colleges operates according to the Charter of the Communist Party of Vietnam and the Constitution and laws.

2. Youth Union and social organizations in colleges operate according to the Constitution, laws, and the Charter of the organization and are responsible for contributing to the implementation of vocational education goals.

Chapter III

TRAINING ACTIVITY ORGANIZATION

Section 1

EDUCATION ACTIVITIES

Article 26. Fields and Trades of Training

1. Colleges can train fields and trades at the college level, intermediate level; train trades at the basic level as prescribed in Decree No. 143/2016/ND-CP dated October 14, 2016 of the Government on investment conditions and operations in the vocational education sector and regular training programs as prescribed in Points a, b, c, and d of Clause 1 of Article 40 of the Vocational Education Law based on labor market requirements.

2. Training of fields and trades not included in the list of intermediate-level and college-level training fields and trades shall be implemented in accordance with the provisions of Decree No. 143/2016/ND-CP dated October 14, 2016 of the Government on investment conditions and operations in the vocational education sector.

Article 27. Training Programs and Textbooks

1. Based on the minimum volume of knowledge, the requirements for capabilities that students achieve upon graduation, and the output standards for each training level; following the procedures for building, reviewing, and promulgating training programs for college-level, intermediate-level, and basic-level training as prescribed by the Ministry of Labor - Invalids and Social Affairs, colleges organize the compilation or selection and approval of training programs for each field and trade at the college and intermediate levels; training programs for each trade at the basic level and regular training programs to use as their own training programs.

2. Colleges must periodically review, update, and supplement training programs and textbooks to be consistent with production, business, and service technologies.

3. Colleges organize the compilation or selection of textbooks; approve textbooks to be used as teaching and learning materials of the institution. Training textbooks must specify the requirements for the content of knowledge and skills of each module, credit, and subject in the training program, creating conditions for the implementation of active teaching methods.

Article 28. Admissions, organization, and management of training

1. Vocational colleges independently determine admission quotas and develop annual admission plans based on the direct human resource needs in production, business, and services of the industry and locality, and the training capacity of the college as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

2. A vocational college may only organize admissions and provide higher vocational education, intermediate vocational education, and basic vocational education when it has been granted a certificate of registration for vocational education activities by the General Department of Vocational Training.

3. Vocational colleges organize and manage training in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs; conduct training in fields and trades at locations that meet the conditions and have been granted a certificate of registration for vocational education activities by the General Department of Vocational Training; organize teaching according to the training objectives, curricula, organizational methods, and training forms; organize for students to study, practice, and intern at enterprises through contracts with enterprises; organize the assessment of the training process and learning outcomes of students in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 29. Examination, testing, and recognition of graduation

Vocational colleges implement the evaluation of students' academic performance, discipline, self-cultivation, and participation in social activities; organize examinations, testing, and the recognition of graduation for students in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 30. Issuance and management of diplomas and certificates

Vocational colleges implement the management and issuance of higher vocational education diplomas, intermediate vocational education diplomas, and basic vocational education certificates to students after they complete a level of vocational education training or issue training certificates to students upon completion of regular training programs (excluding regular training programs leading to higher vocational education diplomas, intermediate vocational education diplomas, and basic vocational education certificates) in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 31. Quality Assurance of Vocational Education and Ensuring Training Quality

Vocational colleges carry out tasks and responsibilities related to quality assurance of vocational education in accordance with Articles 67 and 69 of the Vocational Education Law. Vocational colleges are responsible for implementing quality assurance of vocational education, ensuring the quality of training of the institution and the higher vocational education, intermediate vocational education, and basic vocational education curricula in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

Section 2 INTERNATIONAL COOPERATION ACTIVITIES

Article 32. Tasks and Authorities of Vocational Colleges in International Cooperation Activities

1. Implement various forms of international cooperation in vocational education as stipulated in Article 47 of the Vocational Education Law.

2. Develop and implement short-term, medium-term, and long-term international cooperation strategies, plans, and programs of the institution in line with the goals of international cooperation activities specified in Article 46 of the Vocational Education Law and the State's policies on international integration in vocational education.

3. Organize effective management and implementation of international cooperation programs and projects within their authority.

4. Conduct negotiations and sign cooperation agreements with foreign partners in accordance with the law.

5. Build databases and information systems on international cooperation activities.

Article 33. Management of International Cooperation Activities

1. Assign the task of managing international cooperation to an organization under the college.

2. Develop and promulgate regulations on the management of international cooperation activities of the college in accordance with this Circular and relevant laws.

3. Organize international cooperation activities to ensure practicality and effectiveness; conduct inspections, evaluations, and summaries of the college's international cooperation activities.

4. Coordinate with relevant agencies to ensure security, order, and social safety in international cooperation activities.

Chapter IV

TEACHERS, MANAGEMENT STAFF, CIVIL SERVANTS, AND EMPLOYEES

AND STUDENTS IN THE COLLEGE

Section 1

TEACHERS, MANAGEMENT STAFF, CIVIL SERVANTS,

EMPLOYEES

Article 34. Teachers in Colleges

1. Teachers in colleges are referred to as lecturers. The title of lecturer in colleges is prescribed in Article 53 of the Vocational Education Law.

2. Professional standards; working conditions; standardization training and advanced training for lecturers in colleges shall be implemented in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

3. Colleges shall recruit, implement working conditions, train, and provide advanced training in professional fields for lecturers in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs and other relevant laws.

Article 35. Duties and Rights of Lecturers

College lecturers shall perform duties and rights as stipulated in Article 55 of the Vocational Education Law and the following duties and rights:

1. Adhere to the internal regulations, rules, and provisions of the college.

2. Implement the working conditions for lecturers as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

3. Be assigned teaching duties according to their specialized field or profession; select teaching methods and tools to enhance personal capabilities, improve teaching quality and effectiveness; be provided with equipment, tools, and working conditions as prescribed by law; be supplied with information related to assigned tasks and rights.

4. Enjoy salaries, allowances, subsidies, and other policies as prescribed by law; lecturers in public colleges working in areas with particularly difficult economic and social conditions shall enjoy allowances and preferential policies as prescribed by law.

5. Receive training and advanced training in professional knowledge and teaching methods according to the school's plan and conditions; participate in school management and supervision activities; participate in Party and mass organizations' work and social activities as prescribed by law.

6. Protect honor and dignity; discuss and provide opinions on issues related to lecturers' benefits; enjoy summer vacation, semester break, holiday leave, weekly rest days, and other leaves as prescribed by law.

7. Sign guest lecturing contracts at vocational education institutions, other educational institutions, but must ensure completion of duties prescribed in Articles 55 and 57 of the Vocational Education Law.

8. Enjoy policies prescribed in Article 58 of the Vocational Education Law and other benefits as prescribed by law.

9. Lecturers participating in scientific and technological activities shall enjoy rights as prescribed in the Science and Technology Law; if lecturers involved in management work in colleges also teach, they shall enjoy lecturer-related benefits as prescribed by law and lawful regulations of the college.

10. Participate in student management; participate in evaluating management staff, civil servants, employees, and contribute responsibly to the community.

11. Be subject to the college's supervision regarding the content, quality, teaching methods, and scientific research.

12. Complete other tasks assigned by the college or department.

Article 36. Duties and Rights of Management Staff, Civil Servants, and Workers

Management staff, civil servants, and workers performing management and service tasks at a college have the duty to strictly fulfill the assigned tasks and responsibilities; they enjoy benefits as prescribed by law and in their employment contracts or labor contracts.

Article 37. Recruitment and Utilization of Lecturers, Management Staff, Civil Servants, and Workers

1. Lecturers, management staff, and workers engaged in teaching, management, and service at public colleges shall be recruited in accordance with the laws on civil servants and labor.

2. Lecturers, management staff, and workers engaged in teaching, management, and service at private colleges shall be recruited in accordance with the laws on labor.

3. The recruitment and utilization of lecturers must be based on evaluations of their competence, professional ethics, work effectiveness, and relevant legal provisions.

Article 38. Evaluation and Classification of Lecturers

1. The evaluation and classification of lecturers shall be carried out in accordance with Decree No. 56/2015/NĐ-CP dated June 9, 2015, of the Government on the evaluation and classification of civil servants and civil employees, and guidelines issued by the Ministry of Labor, Invalids, and Social Affairs.

2. The evaluation and classification of lecturers must reflect their actual professional qualifications, teaching abilities, scientific research capabilities, and their moral conduct and working style.

Section 2

STUDENTS

Article 39. Students in Colleges

Students in colleges are defined in Article 59 of the Vocational Education Law, including: students of college training programs; students of intermediate and basic training programs; and learners of regular training programs specified in Points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law.

Article 40. Duties and Rights of Students

Students have duties and rights as stipulated in Article 60 of the Vocational Education Law and the following specific duties and rights:

1. To maintain civilized and healthy lifestyles; participate in building, protecting, and promoting the traditions of the college.

2. To pay tuition fees and registration fees as prescribed.

3. Students who receive scholarships and training costs from state budgets or foreign sponsors under agreements signed with the Vietnamese government and fail to comply with the dispatch orders of competent state agencies must reimburse the scholarships and training costs according to the law.

4. To participate in activities of associations, student unions, and other social organizations as prescribed by law.

5. To be eligible for shortened or extended study periods, to repeat grades, and to retain academic results as prescribed by law.

6. To receive college diplomas, intermediate diplomas, basic certificates, and corresponding training certificates in accordance with the training levels and programs as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

7. To use school facilities and equipment for learning, practice, internships, and cultural, sports activities; to ensure safety and hygiene conditions during learning, practice, and internships as prescribed by law.

8. To directly or through legitimate representatives of student groups make suggestions to the college regarding measures to build the college and protect their legitimate rights and interests; to participate in evaluating the quality of training provided by the college.

9. To preserve and protect the property of the college, production, business, and service facilities where practical training takes place.

10. To comply with regulations on occupational safety and health.

Chapter V

FINANCE AND ASSETS OF COLLEGES

Article 41. Management and use of assets

The college shall implement provisions on financial sources; training service fees, admission fees; material and technical infrastructure for training; management and use of finance and assets as stipulated in Articles 28, 29, 30, and 31 of the Vocational Education Law and the following provisions:

1. Public colleges manage and use assets in accordance with the laws governing land, buildings, construction works, production and business facilities, services, equipment, and assets transferred by the State and those invested in, purchased, constructed, or received as gifts, donations, grants, or aid to ensure the activities of the college.

2. Private colleges manage and use assets in accordance with the laws governing state-owned land and assets transferred or leased to them and other assets owned by investors to ensure the activities of the college.

3. All members of the college have the responsibility to maintain and protect the college's assets.

4. Annually, the college must organize an inventory and re-evaluate the value of its assets and implement reporting systems as prescribed by law. Fully comply with financial, accounting, auditing, tax, statistical, and periodic reporting systems; disclose financial information as prescribed by law.

Article 42. Financial Sources

1. Financial sources of public colleges: Implemented according to the Government’s regulations on the self-management mechanism of public institutions in the vocational education sector.

2. Revenue sources of private colleges

a) Income from training service activities as prescribed by the State;

b) Income from cooperative training, scientific, technological, production, business, and service activities as prescribed by law;

c) Dividends from joint venture and partnership activities; interest from bank deposits, bonds;

d) Budget funds provided by the State budget (if any);

đ) Other sources: Grants, aid, gifts, and donations from domestic and foreign organizations and individuals.

Article 43. Expenditure Items

1. Expenditure items of public colleges: Implemented according to the Government’s regulations on the self-management mechanism of public institutions in the vocational education sector.

2. Expenditure items of private colleges

a) Regular expenditure: Expenditure for training activities according to assigned functions and tasks; expenditure for production, business, and service activities of the college including payment of taxes to the State budget, depreciation of fixed assets, repayment of capital and interest on loans as prescribed by law;

b) Irregular expenditure, including:

Expenditure for training tasks ordered by the State.

Counterpart capital expenditure for implementing projects as prescribed.

Expenditure for urgent tasks assigned by competent authorities.

Investment expenditure for constructing material infrastructure, purchasing assets, and equipment; expenditure for implementing other investment projects as prescribed by the State.

Expenditure for joint venture and partnership activities.

Other expenditures as prescribed by law.

Article 44. Transfer of Ownership of Contributed Capital and Withdrawal of Capital in Private Colleges

1. The transfer of ownership of contributed capital by shareholders in private colleges is regulated in the college's organizational and operational charter, internal financial regulations, consistent with relevant laws, and must adhere to the following transfer principles:

a) The party wishing to transfer notifies the price and transfer requirements to the board of directors;

b) The board of directors informs the remaining shareholders and publicly announces to lecturers, managers, and employees of the college with the same requirements (if applicable); the announcement must be valid for at least 45 days;

c) The transfer is carried out in the following order: Among shareholders of the college in proportion to their respective contributions; to lecturers, managers, and employees of the college if shareholders do not purchase or do not fully purchase; to non-shareholders and lecturers, managers, and employees of the college if lecturers, managers, and employees of the college do not purchase or do not fully purchase.

2. Withdrawal of capital and transfer of ownership of contributed capital must comply with legal provisions, the college's regulations, and ensure the stability and development of the private college.

3. In cases where the college is dissolved, financial and asset handling shall be implemented according to legal provisions.

Chapter VI

RELATIONSHIP BETWEEN THE COLLEGE AND ENTERPRISES,

FAMILY AND SOCIETY

Article 45. Relations between the school and enterprises

The college takes the initiative to coordinate with enterprises in training activities, including:

1. Building and organizing the implementation of training plans to meet the direct human resource needs in production, business, and services of enterprises and the labor market.

2. Inviting representatives of related enterprises to participate in building the training program and textbooks of the school; participating in teaching, guiding practical exercises, internships, evaluating learning outcomes, and providing career counseling for students.

3. Coordinating with enterprises to organize visits and internships for students at enterprises, linking study with practical production, business, and service activities.

4. Coordinating with enterprises to create conditions for lecturers to improve their vocational skills, linking training with practical production, business, and service activities.

5. Cooperating with enterprises to train, enhance, and upgrade knowledge and vocational skills, and retrain enterprise employees when needed.

6. Coordinating with enterprises in research, production, application, and technology transfer activities.

7. Inviting representatives of enterprises to participate as members of the school council and board of management.

8. Establishing mechanisms for enterprises to participate in evaluating the school's training activities.

Article 46. Relations between the school and the families of students

1. The school has the responsibility to publicly announce the training objectives, programs; the trades and professions trained according to the certificate issued by the General Department of Vocational Training; the graduation standards of each trade and profession at each level of training; issuing college diplomas, intermediate diplomas, primary certificates, and training certificates for students; publicizing the service training fee levels and exemptions/reductions on service training fees; the results of vocational education quality assessments; the school’s system of certificates and qualifications; job positions after graduation and measures for monitoring and supervising the quality of training; annual enrollment plans, quotas, standards, regulations, and policies for students.

2. The school actively coordinates with the families of students to properly carry out educational work aimed at comprehensively developing the personality of students.

Article 47. Relations between the school and society

1. The school implements linkages with production, business, and service establishments, scientific research institutions, technical and technological facilities, and other training institutions to facilitate conditions for lecturers and students to visit, intern, and practice production, apply technology, and link teaching and learning with practical production.

2. The school regularly coordinates with relevant functional agencies of ministries, sectors, and localities, production, business, and service establishments in determining training needs, linking training with employment and the labor market.

3. The school coordinates with cultural, artistic, and sports facilities to provide conditions for students to participate in cultural, artistic, and sports exchange activities.

4. The school coordinates with local authorities, political-social organizations, social organizations, and occupational associations to build a healthy educational environment.

5. Establishing mechanisms for society to participate in assessing the quality of the school's training.

Chapter VII

IMPLEMENTATION

Article 48. Colleges have the responsibility:

1. To organize the implementation of the provisions of this Circular.

2. To perfect the organizational structure, review activities, regulations concerning lecturers, managers, civil servants, employees, students to comply with the provisions of this Circular.

4. To explain to competent state agencies, students, and society about the following activities:

a) Reporting, publicizing, and explaining to state management agencies and related parties about the training objectives, programs; vocational training fields and trades certified by the General Department of Vocational Training in the education and training activity registration certificate; output standards for each field and trade at each level of training; quality assurance conditions for teaching and learning; service training fee levels and reductions; training quality assessment results; the school's system of certificates; post-graduation job positions and measures to monitor and evaluate training quality;

b) Committing to state management agencies and being responsible for all activities to fulfill these commitments; not allowing any individual or organization to take advantage of the school's name and facilities to conduct activities contrary to laws and this Circular;

c) Establishing mechanisms for students, lecturers, and society to participate in evaluating the training quality of the institution; lecturers to evaluate managers; organizations and individuals using labor to participate in evaluating the training quality of the institution;

d) Reporting and explaining contents related to inspection and supervision according to the requirements of competent authorities.

Article 49. The General Department of Vocational Training has the responsibility:

1. To guide the organization of implementing this Circular; to conduct annual statistics and build a database on colleges.

2. To inspect and audit the implementation of the provisions of this Circular, handle violations according to the law; revoke or recommend revoking decisions that contravene the provisions of this Circular.

Article 50. The administrative body managing the college has the responsibility:

1. To directly or cooperate with the Ministry of Labor, Invalids and Social Affairs to direct the implementation of this Circular for state-owned colleges under its jurisdiction.

2. To cooperate with the Ministry of Labor, Invalids and Social Affairs in managing state-owned colleges under its jurisdiction; resolve difficulties and obstacles according to the law.

3. To inspect and audit the implementation of the provisions of this Circular within its authority and handle violations against state-owned colleges under its jurisdiction according to the law.

Article 51. Provincial People's Committees have the responsibility:

1. To directly or cooperate with the Ministry of Labor, Invalids and Social Affairs to direct the implementation of this Circular for state-owned colleges under its jurisdiction.

2. To cooperate with the Ministry of Labor, Invalids and Social Affairs in managing colleges in their locality; resolve difficulties and obstacles according to the law.

3. To inspect and audit the implementation of the provisions of this Circular within their authority and according to the delegated management; handle violations against state-owned colleges under their jurisdiction and private colleges in their locality according to the law.

Article 52. The Department of Labor - Invalids and Social Affairs shall be responsible for:

1. Every six months and annually, compiling and reporting to the General Department of Vocational Training on the implementation of this Circular by colleges within its jurisdiction.

2. Inspecting and supervising the implementation of the provisions of this Circular, handling violations according to the law; revoking or recommending the revocation of decisions that contravene the provisions of this Circular.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 53. Effective Date

1. This Circular takes effect from February 15, 2017.

2. Repealing Decision No. 51/2008/QĐ-BLĐTBXH dated May 5, 2008 issued by the Minister of Labor - Invalids and Social Affairs regarding the Model Charter of vocational college.

3. The provisions concerning conditions, procedures, files, formalities, and authorities for appointing, recognizing, reappointing, and rerecognizing the principal of vocational colleges stipulated in Chapter III of Circular No. 42/2010/TT-BLĐTBXH dated December 31, 2010 issued by the Minister of Labor - Invalids and Social Affairs regarding the appointment, recognition, reappointment, and re-recognition of the principal of vocational colleges, intermediate-level vocational schools, and directors of vocational training centers cease to be effective from the date this Circular takes effect.

4. During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs for guidance./.

Appendix I. SAMPLE LETTER OF INTENT

(Attached to Circular No. 46/2016/TT-BLĐTBXH dated December 28, 2016)
of the Minister of Labor, Invalids and Social Affairs)

TRUST CERTIFICATE

INTRODUCTION OF PERSONNEL FOR APPOINTMENT AS PRINCIPAL

Comrade agrees to introduce or disagrees to introduce by marking an "x" in the corresponding column

(no need to sign)

Instructions:

The letter of intent must be stamped with the school seal in the upper left corner of the form

4

Appendix II. SAMPLE LETTER OF RECOMMENDATION FOR APPOINTING THE PRINCIPAL
(Attached to Circular No. 46/2016/TT-BLĐTBXH dated December 28, 2016)
of the Minister of Labor - Invalids and Social Affairs)

(1) SOCIALIST REPUBLIC OF VIETNAM

(2) Independence "Freedom - Happiness

No. /TTr- > day month year 20

Regarding the appointment of the principal

Respectfully submitted to: ...[Person with authority to appoint the principal]...

1. State the need for appointing the principal; summarize the personnel process and base it on the cadre planning and principal appointment criteria to propose specific personnel.

2. Functions, tasks, workload assigned, development orientation of the school:

3. Demand for cadres to meet the school's requirements (clearly state the necessity to appoint the principal):

4. Opinion of the competent authority on approving the principal appointment policy:

II. Based on the principal appointment criteria and the results of the personnel introduction process for appointing the principal of the school

request [person with authority to appoint the principal] consider and appoint

Mr./Ms. to hold the position of principal of the school

1. Summary of the proposed personnel:

• a) General information

• Name:

• I solemnly declare that the above statements are true and I am willing to take responsibility under the law for my declarations.

• Place of origin: Ethnicity:

• Party and government positions, mass organizations:

• Current working unit:

• Educational level, academic qualifications, academic titles, political theory level, foreign language, computer skills:

c) Summary of comments and evaluations of strengths and weaknesses, strengths and weaknesses of the proposed principal:

• Political quality, morality, style, lifestyle:

• Work capacity:

• Summary of strengths and weaknesses:

1. Results of the trust vote:

1. School's key staff meeting: number of votes in favor...votes/...votes ( %). Number of votes against: votes/ votes (...%).

2. School's joint meeting: number of votes in favor votes/ votes

( %). Number of votes against: votes/ votes (...%).

(Appendix of the proposal for appointment)

The school proposes [person with authority to appoint

the principal] consider and decide to appoint Mr./Ms.

to hold the position of principal of the school /.

Place of Receipt:

- As above;

- To be filed at the Office, ...

(sign, stamp, write full name)

Instructions:

1. Name of the managing agency of the college.

2. Name of the college proposing to appoint the principal.

3. Title of the person representing the leadership of the college proposing to appoint the principal.

Appendix III. SAMPLE MINUTES OF KEY STAFF MEETING
(Attached to Circular No. 46/2016/TT-BLĐTBXH dated December 28, 2016)
of the Minister of Labor - Invalids and Social Affairs)

1. SOCIALIST REPUBLIC OF VIET NAM

2. INDEPENDENCE - FREEDOM - HAPPINESS

, day month year 20

MINUTES OF KEY STAFF MEETING
Regarding the introduction of personnel for recommendation for appointment as principal

1. Time and place

1. Time: Starting from hour...day month...year...

2. Place: At

1. Composition

1. Participants: (record all participants called):

2. Number called: people

a) Present: /…

b) Absent: /…(reason): (record name and reason

of each absent participant)

1. Chair of the Meeting: Comrade title

2. Secretary of the Meeting: Comrade title

III. Agenda

1. The head of the school discusses and deliberates on:

1. Need for appointing the principal, opinions on approving the principal appointment policy.

2. Principal appointment criteria; announce cadre planning, appointment procedure, list of persons recommended for appointment.

3. Summary of curriculum vitae, education and work experience, comments and evaluations of strengths and weaknesses, prospects for development.

1. Opinions and evaluations of the meeting participants on the recommended personnel.

2. Results of introducing personnel for recommendation for appointment:

1. Number of ballots distributed: ballots.

2. Number of ballots collected: ballots.

3. Number of valid ballots: ...ballots.

4. Number of invalid ballots: ballots.

d) Number of ballots in favor of recommending for appointment (ranked from highest to lowest):

• Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

• - Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

• Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

e) Number of ballots not in favor of recommending for appointment (ranked from highest to lowest):

• Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

• Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

• Mr./Ms. to hold the position of principal of the school : ballots/

ballots ( %).

(attached to the minutes as a ballot)

These minutes are prepared in duplicate and have been unanimously approved by the participants in the key staff meeting.

The meeting ended at hour...day month...year /.

SECRETARY OF THE MEETING

(sign, write full name)
CHAIR OF THE MEETING

Name of the managing agency of the college.
CHAIR OF THE MEETING

Instructions:

1. Appendix IV. SAMPLE MINUTES OF JOINT MEETING

2. Name of the college proposing to appoint the principal.

MINUTES OF JOINT MEETING

(Attached to Circular No. 46/2016/TT-BLĐTBXH dated December 28, 2016)
of the Minister of Labor - Invalids and Social Affairs)

1. SOCIALIST REPUBLIC OF VIET NAM

2. Independence - Freedom - Happiness

, day month year 20

Regarding the introduction of personnel for recommendation for appointment as principal
Time and place

1. Time: Starting from hour...day month...year

2. (record all participants called according to regulations):

3. Place: At

1. Composition

1. Participants: Present: /…

2. Number called: people

1. Absent: /…(reason):

2. (record name and reason of each absent participant)

of each person present)

1. Chair of the Meeting: Comrade title

2. Secretary of the Meeting: Comrade title

1. Content

1. State the need for appointing officials; summarize the implementation process; plan for official development; criteria for appointing principals; results of personnel recommendations proposed for appointment at the school's key officials meeting.

2. Summarize the comments and evaluations of the participants at the meeting regarding the recommended personnel for appointment.

3. The meeting conducts a vote on the recommended personnel for appointment:

Results:

• Number of ballots distributed: ballots.

• Number of ballots collected: ballots.

• Number of valid votes: votes.

• Number of invalid ballots: ballots.

• Number of votes agreeing to recommend: votes/ total votes (percentage).

• Number of votes disagreeing to recommend: votes/ total votes (percentage).

(Attached ballot counting record)

These minutes are prepared in duplicate and have been unanimously approved by the participants in the key staff meeting.

resolution unanimously agrees to approve.

SECRETARY OF THE MEETING

(sign, write full name)
(signature, full name)

Name of the managing agency of the college.
(signature, full name)

Instructions:

1. Name of the managing agency of the college.

2. Name of the college proposing to appoint the principal.

Appendix V. SAMPLE PERSONNEL REVIEW AND EVALUATION FORM

(Annexed to Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016)
of the Minister of Labor, Invalids and Social Affairs)

1. SOCIALIST REPUBLIC OF VIETNAM

2. Independence - Freedom - Happiness

, day month year 20

PERSONNEL REVIEW AND EVALUATION FORM
FOR THE PERSON RECOMMENDED FOR APPOINTMENT
(by the school leadership team)

I. Summary of the biographical information of the person recommended for principal appointment

1. Name:

2. Date of birth:...; Date joined Party:...; Date became official member:...

3. Qualifications: Professional expertise, political theory, foreign language, computer skills.

4. Work history: Assigned tasks, party positions, administrative roles, and current position held.

1. Evaluation of strengths and weaknesses; strong and weak points; prospects for development

1. Fulfillment of assigned responsibilities and tasks

1. Results in terms of quantity, quality, and effectiveness of work in the assigned field

2. Leadership, management, and organizational implementation

1. Political qualities, ethics, lifestyle

1. Political awareness, adherence to Party policies, state laws, and organizational discipline

2. Spirit of learning and enhancing qualifications

3. Maintaining moral integrity and healthy lifestyle; combating bureaucracy, corruption, waste, and other negative behaviors

4. Objectivity and honesty in work

d) Work style, cooperation, public service spirit

1. Trust within the Party and among the masses; ability to unite staff members

1. Summary of strengths and weaknesses

1. General conclusion

1. concerning compliance with principal appointment standards

2. Ability to fulfill duties

HEAD OF THE UNIT
(Signature, stamp)
(3)

Instructions:

1. Appendix IV. SAMPLE MINUTES OF JOINT MEETING

2. Name of the college proposing to appoint the principal.

3. School leadership representatives propose principal appointment.

Appendix VI. SAMPLE APPLICATION FOR PRINCIPAL APPOINTMENT
(Attached to Circular No. 46/2016/TT-BLĐTBXH dated December 28, 2016)
of the Minister of Labor, Invalids and Social Affairs)

1. SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

No.: …/TTr-

Regarding the appointment of the principal ’ ⁿDay Month Year 20

Respectfully submitted to: ...[Person with authority to appoint the principal]...

1. State the need for appointing a principal; summarize the personnel process implementation and base on principal appointment criteria to propose specific personnel recommendations.

2. Based on principal appointment criteria and the results of the principal appointment process, the school proposes [person having

authority to appoint principal] consider and appoint Mr./Ms.

to hold the position of principal at the school

Summary of the proposed personnel:

• Name:

• I solemnly declare that the above statements are true and I am willing to take responsibility under the law for my declarations.

• Place of origin: Ethnicity:

• Party, administrative, and mass organization positions:

• Current working unit:

• Educational level, academic qualifications, academic titles, political theory level, foreign language, computer skills:

• Summary of evaluation of strengths and weaknesses of the proposed personnel:

+ Political qualities, ethics, work style, lifestyle:

+ Work capacity:

+ Summary of strengths and weaknesses, strong and weak points:

• Results of soliciting opinions from the agency's Party committee on principal appointment: (Appendix of the proposal for appointment)

The agency's personnel department under the ministry, equivalent ministry, government agency, central organization of political-social organizations, provincial people's committee proposes [person having authority to appoint principal] consider and decide

to appoint Mr./Ms. to hold the position of principal

at the school/.

Place of Receipt:

- As above;

- To be filed, ...

Guidance:

1. Name of the direct managing agency of the personnel department under the ministry, equivalent ministry, government agency, central organization of political-social organizations, provincial people's committee.

2. Name of the personnel department under the ministry, equivalent ministry, government agency, central organization of political-social organizations, provincial people's committee.

3. Title of the representative leader of the personnel department under the ministry, equivalent ministry, government agency, central organization of political-social organizations, provincial people's committee.

Appendix VII. SAMPLE PERSONNEL REVIEW AND EVALUATION BY COLLECTIVE
(Annexed to Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016)
of the Minister of Labor, Invalids and Social Affairs)

1. SOCIALIST REPUBLIC OF VIET NAM

2. Independence - Freedom - Happiness

, day month year 20

PERSONNEL REVIEW AND EVALUATION BY COLLECTIVE OF THE AGENCY OR UNIT
WHERE THE APPLICANT IS CURRENTLY WORKING

I. Summary of the biographical information of the person recommended for principal appointment

1. Name:

2. Date of birth:...; Date joined Party: ; Date became official member:...

3. Qualifications: Professional expertise, political theory, foreign language, computer skills.

4. Work experience: Assigned tasks, Party, administrative, and mass organization positions held and current position.

II. Evaluation of strengths and weaknesses; strong and weak points; prospects for development

1. Fulfillment of assigned responsibilities and tasks

1. Results in terms of quantity, quality, and effectiveness of work in the assigned field

2. Leadership, management, and organizational implementation

1. Political qualities, ethics, lifestyle

1. Political awareness, adherence to Party policies, state laws, and organizational discipline

2. Spirit of learning and enhancing qualifications

3. Maintaining moral integrity and healthy lifestyle; combating bureaucracy, corruption, waste, and other negative behaviors

4. Objectivity and honesty in work

d) Work style, cooperation, public service spirit

1. Trust within the Party and among the masses at the current working agency or unit; ability to unite staff members

1. Summary of strengths and weaknesses

Guidance:

1. Name of the direct managing agency where the applicant is currently working.

2. Name of the agency or unit where the applicant is currently working.

3. Representative leader of the agency or unit where the applicant is currently working.

Appendix VIII. SAMPLE DOCUMENT FOR RECOGNITION OF PRINCIPAL
(Annexed to Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016)
of the Minister of Labor - Invalids and Social Affairs)

(1)

No.: …/

Regarding recognition of principal

Independence - Freedom - Happiness

, day month year 20

Respectfully submitted to: ...[Person having authority to recognize principal]...

1. State the reasons for proposing recognition of principal; summarize the implementation of the selection process for recognizing principal.

2. Based on principal criteria and the results of the selection process for recognizing principal, the school proposes ...[person having

authority to recognize principal]... consider and recognize Mr./Ms.

to hold the position of principal at the school

Summary of the personnel recommended for recognition as principal:

• Name:

• I solemnly declare that the above statements are true and I am willing to take responsibility under the law for my declarations.

• Place of origin: Ethnicity:

• Cultural level, academic qualifications, academic titles, political theory, foreign language, computer skills:

(Attached application for recognition)

The Board of Directors or owner of the private college proposes ...[person having

authority to recognize principal]... to consider and decide to recognize Mr./Ms. as principal of the school/.

Place of Receipt:

- As above;

- To be filed, ...

(signatures, stamp, full name)

Instructions:

1. Name of the private college.

2. Chairman of the Board of Directors or owner of the school proposing recognition of principal.

Appendix IX. SAMPLE MINUTES OF BOARD MEETING

(Annexed to Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016)
(of the Minister of Labor, Invalids, and Social Affairs)

(1) SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
, day month year 20

MINUTES OF BOARD MEETING AT SCHOOL...(2)...
Regarding proposal for recognition of principal

I. Time and place

1. (record all participants called according to regulations):

2. Place: At

1. Composition

1. Composition (record all attendees as required):

2. Number called: people

1. Absent: /…(reason):

2. (record name and reason (state full name and reason for absence of each person)

|||

1. Chairperson of the meeting: Mr./Ms. Position

2. Secretary of the meeting: Mr./Ms. Position

1. Content

1. State the reasons for recognizing the principal; summarize the selection process for the principal; list the criteria for the principal.

2. Summarize the comments and evaluations of the board members regarding the candidate proposed for recognition as principal.

3. The board of directors conducts a vote on the personnel proposed for recognition as principal.

Results:

• Number of ballots distributed: ballots.

• Number of ballots collected: ballots.

• Number of valid votes: votes.

• Number of invalid ballots: ballots.

• Number of votes in favor of the proposal to recognize: votes/ total votes (%).

• Number of votes against the proposal to recognize: votes/ total votes (%).

(Attached minutes of the ballot count)

These minutes are made in ... copies and are unanimously approved by the participants in the board of directors meeting.

The meeting ended at hour...day month...year /.

SECRETARY OF THE MEETING
(signature, state full name)

CHAIRPERSON OF THE MEETING
(signature, full name)

instructions:

(1), (2): Name of the private college.