Circular No. 61/2012/TT-BGDĐT Issuing Regulations on Conditions for Establishment and Dissolution, Tasks, and Authorities of Educational Quality Assurance Organizations

CIRCULAR

Issuing Regulations on Conditions for Establishment and Dissolution,Tasks, and Powers of Educational Quality Assurance Organizations

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Pursuant to the Education Law dated June 14, 2005; the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government amending point b Clause 1 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

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

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; and Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

At the proposal of the Director of the Testing and Quality Assurance Agency;

The Minister of Education and Training issues this Circular stipulating conditions for establishment and dissolution, tasks, and powers of educational quality assurance organizations,

Article 1. This Circular includes Regulations on Conditions for Establishment and Dissolution, Tasks, and Powers of Educational Quality Assurance Organizations.

Article 2. This Circular takes effect from February 15, 2013.

Article 3. The Director of the Office, the Director of the Department of Testing and Quality Assurance in Education, Heads of units under the Ministry of Education and Training related to this matter; Chairpersons of People's Committees of provinces and centrally governed cities; Directors of Departments of Education and Training, Rectors of National Universities, Regional Universities, Academies, University Presidents, College Presidents, and Vocational College Presidents; Directors of educational quality assurance organizations; and educational quality assurance inspectors are responsible for implementing this Circular.

REGULATIONS

Conditions for Establishment and Dissolution, Tasks, and Powers of Educational Quality Assurance Organizations

(Issued together with Circular No.: 61/2012/TT-BGDĐTdated December 28, 2012 of the Minister of Education and Training)

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This document stipulates conditions for establishment and registration of activities; suspension of activities and dissolution; organizational structure and operations; tasks, powers, and finances of educational quality assurance organizations.

This document applies to educational quality assurance organizations established by the State or by organizations and individuals.

Article 2. Interpretation of Terms

In this document, the following terms are understood as follows:

1. Educational quality is the fulfillment of the objectives of an educational institution or program, meeting the requirements of the Education Law, the Law Amending and Supplementing Certain Provisions of the Education Law, the Higher Education Law, and being consistent with the demand for human resources for economic and social development at both local and national levels.

2. Educational quality assurance is an activity evaluating and recognizing the degree of achievement of objectives, programs, and educational content for schools and other educational institutions. Educational quality assurance includes school quality assurance (referred to as school quality assurance) and program quality assurance (referred to as program quality assurance). School quality assurance is applied to all educational institutions at various levels and training degrees. Program quality assurance is applied to education programs at various training degrees including vocational college, college, university, master’s, and doctoral levels.

3. An educational quality assurance inspector is a person engaged in the field of educational quality assurance who meets the criteria and conditions for practice as prescribed by the Minister of Education and Training regarding educational quality assurance inspectors (hereinafter referred to as inspectors).

The objects listed in the license for conducting educational quality assurance include educational institutions at various levels and training degrees within the national education system and education programs of universities, colleges, and vocational colleges.

The scope listed in the license for conducting educational quality assurance includes educational institutions throughout the country, within a specific level or geographic area, and education programs generally or according to specific fields of expertise based on the application for conducting activities, professional qualifications, and resources of the educational quality assurance organization.

Article 3. Quality Education Assessment Organizations

1. Quality education assessment organizations are units operating in the field of quality education assessment according to the provisions of this Regulation, with the function of evaluating and recognizing educational institutions and education programs that meet quality standards.

2. Quality education assessment organizations include those established by the State and those established by organizations or individuals.

a) Quality education assessment organizations established by the State operate in accordance with the regulations of the State for public service units.

b) Quality education assessment organizations established by organizations or individuals operate in accordance with the regulations of the State for non-public institutions operating in the fields of education and training.

3. Quality education assessment organizations have legal personality; they have separate bank accounts and seals; they have business premises; they operate independently from educational institutions.

Article 4. Name and Emblem of Quality Education Assessment Organizations

1. The name and emblem of quality education assessment organizations are determined in the establishment decision or permission decision. The name of quality education assessment organizations is written in Vietnamese and English in transaction documents, and may be written in other languages if necessary.

2. The name and emblem of quality education assessment organizations must not duplicate the names of other quality education assessment organizations already established and operating nationwide.

3. The name and emblem of quality education assessment organizations must be printed or written on transaction documents, files, and publications issued by quality education assessment organizations.

Chapter II

ESTABLISHMENT, PERMISSION TO ESTABLISH, REGISTRATION OF ACTIVITY, SUSPENSION OF ACTIVITY AND DISSOLUTION OF QUALITY EDUCATION ASSESSMENT ORGANIZATIONS

QUALITY EDUCATION ASSESSMENT ORGANIZATIONS

Article 5. Conditions for Establishment or Permission to Establish, Registration of Activity of Quality Education Assessment Organizations

1. Quality education assessment organizations are established or permitted to establish when meeting the following conditions:

a) Having a proposal for establishing a quality education assessment organization, which clearly defines the target, scope of operation, and is consistent with the planning of the network of quality education assessment organizations;

b) Having at least three assessors signing the establishment proposal for the quality education assessment organization (for entities proposing establishment as organizations or individuals);

c) Having at least ten qualified assessors suitable for the target and scope of operation specified in point a, Clause 1 of this Article, who commit to working full-time for the quality education assessment organization after establishment;

d) Having a draft regulation on the organizational structure and activities of the quality education assessment organization;

đ) Having a draft internal expenditure regulation;

e) Having a design for the electronic information page.

2. During the period from 2012 to 2015, state quality education assessment organizations will be established; after 2015, organizations and individuals will be allowed to establish quality education assessment organizations.

3. Quality education assessment organizations are granted a license to conduct quality education assessment activities when meeting the following conditions:

a) Having an establishment decision or permission decision for the quality education assessment organization;

b) Having at least ten full-time assessors working for the quality education assessment organization;

c) Having a stable operational headquarters and material conditions ensuring the activities of the quality education assessment organization; having sufficient office space for assessors with a minimum area of 8m²/person; each assessor has a computer and desk;²d) Having a minimum capital of 2 billion VND to implement the activities of the quality education assessment organization, contributed or allocated from legitimate sources;

đ) Having a regulation on the organizational structure and activities of the quality education assessment organization;

e) Having an internal expenditure regulation;

g) Having an electronic information page of the quality education assessment organization.

g) Having an electronic information webpage of the educational quality assurance organization.

Article 6. Procedures and formalities for establishing or permitting the establishment and issuing licenses for educational quality assessment organizations

1. The procedures and formalities for establishing or permitting the establishment of educational quality assessment organizations shall be as follows:

a) State agencies, organizations, or individuals wishing to establish educational quality assessment organizations shall submit applications to the Ministry of Education and Training in accordance with Clause 1 of Article 7 of this Regulation;

b) Within ten working days from the date of receipt of the application from state agencies, organizations, or individuals requesting the establishment of educational quality assessment organizations, if the application is incomplete according to the regulations, the Ministry of Education and Training shall notify in writing for the state agencies, organizations, or individuals to amend and supplement the application;

Within thirty working days from the date of receiving complete applications in accordance with the prescribed procedures, based on the provisions of Clause 1 of Article 5 of this Regulation, the Ministry of Education and Training shall organize the examination of the application, verify the authenticity of the documents in the application, and if necessary, conduct on-site inspections;

c) If the application meets the conditions for establishment, the Minister of Education and Training shall decide to establish or permit the establishment of the educational quality assessment organization. If the application does not meet the requirements, the Ministry of Education and Training shall respond in writing and specify the reasons;

2. The procedures and formalities for issuing licenses for educational quality assessment organizations shall be as follows:

a) Within six months from the date of the decision to establish or permit the establishment, the educational quality assessment organization must prepare the conditions stipulated in Clause 3 of Article 5 of this Regulation and submit an application to the Ministry of Education and Training for issuance of a license for educational quality assessment activities in accordance with Clause 2 of Article 7 of this Regulation;

b) Within ten working days from the date of receipt of the application for issuance of a license for educational quality assessment activities, if the application is incomplete according to the regulations, the Ministry of Education and Training shall notify in writing for the educational quality assessment organization to amend and supplement the application;

Within twenty working days from the date of receiving complete applications for issuance of a license for educational quality assessment activities in accordance with the prescribed procedures, the Ministry of Education and Training shall organize the examination of the application, verify the authenticity of the documents in the application, and if necessary, conduct on-site inspections;

c) If the application meets the conditions for issuance of a license for educational quality assessment activities, the Minister of Education and Training shall decide to issue the license for educational quality assessment activities. If the application does not meet the requirements, the Ministry of Education and Training shall respond in writing and specify the reasons;

d) In the license for educational quality assessment activities, the objects and scope of permitted activities must be clearly defined. The license has a validity period of five years from the date of issuance and shall be publicly announced on the Ministry of Education and Training's electronic information website and that of the educational quality assessment organization;

đ) At least thirty days before the expiration of the license for educational quality assessment activities or when there is a need to reapply before its expiration, the educational quality assessment organization shall submit an application to the Ministry of Education and Training for renewal of the license for educational quality assessment activities in accordance with Clause 2 of Article 7 of this Regulation. The procedures and formalities for renewing the license for educational quality assessment activities shall be carried out in accordance with points b and c of Clause 2 of this Article.

Article 7. Documents for requesting establishment or permission to establish and operate educational quality assessment organizations

1. Documents for requesting establishment or permission to establish an educational quality assessment organization shall include:

a) A proposal for establishing or requesting permission to establish an educational quality assessment organization, specifying the subject proposing establishment or requesting permission to establish; the proposed name of the educational quality assessment organization in Vietnamese and English or other languages if necessary; logo design; proposed location of headquarters; objectives, tasks; objects and scope of educational quality assessment activities;

b) A project for establishing an educational quality assessment organization, detailing the necessity of establishment and the capacity of the educational quality assessment organization; determining the objects and scope of implementation of educational quality assessment activities; the projected number and structure of qualifications of assessors; organizational management structure; material conditions; development plans, timelines, and solutions for each phase;

c) A list of assessors named in the proposal for establishing the educational quality assessment organization, accompanied by certified copies of assessor identification cards and personal histories confirmed by the People's Committee of communes, wards, towns (if the proposing subject is an individual or organization); decision on establishment of the organization (if the proposing subject is an organization);

d) A list of proposed Directors, Deputy Directors (if any), and members of the Quality Assessment Council, accompanied by confirmed personal histories from the working agency or organization or People's Committee of communes, wards, towns; certified copies of assessor identification cards and diplomas of assessors;

đ) A list of at least ten full-time assessors intended to work for the educational quality assessment organization, accompanied by confirmed personal histories from the People's Committee of communes, wards, towns; certified copies of assessor identification cards and diplomas of assessors;

e) Commitment letters from full-time assessors working for the educational quality assessment organization;

g) Draft regulations on the organization and operation of the educational quality assessment organization, draft internal expenditure regulations;

h) Design of the electronic information page of the educational quality assessment organization.

2. Documents for requesting issuance of a permit to operate an educational quality assessment organization shall include:

a) A request for issuance of a permit to operate an educational quality assessment organization, specifying the name of the educational quality assessment organization; headquarters address; website address; objects and scope of educational quality assessment activities consistent with the establishment project or permission to establish; Regulations on organization and operation of the educational quality assessment organization; Internal expenditure regulations;

b) Certified copy of the decision on establishment or permission to establish the educational quality assessment organization;

c) Certified copy of the decision appointing the Director of the educational quality assessment organization;

d) List of assessors, accompanied by personal histories, certified copies of assessor identification cards and diplomas of assessors;

đ) Employment decisions or labor contracts signed between the educational quality assessment organization and assessors;

e) Documentation certifying land use rights and property ownership of the educational quality assessment organization or lease agreements for office space for the organization for at least two years, confirmed by the competent authority; list of office area sizes and equipment;

g) Minutes confirming capital contributions with signatures of contributors and confirmation signatures of the head of the educational quality assessment organization or decisions allocating funds to the organization by the state agency proposing establishment and confirmation documents from a bank with headquarters in Vietnam regarding the organization's account.

Article 8. Registration for Supplementing the Object and Scope of Educational Quality Assessment Activities

1. During the course of operation, if an educational quality assessment organization has the need to adjust or supplement its object and scope of activities, it shall submit procedures to request the Ministry of Education and Training to reissue the license for educational quality assessment activities in accordance with Clause 2 of Article 6 of this Regulation.

2. The application dossier for reissuing the license for educational quality assessment activities shall be submitted in accordance with Clause 2 of Article 7 of this Regulation.

Article 9. Registration for Changing the Name of an Educational Quality Assessment Organization

1. When the object and scope of activities used to form the name of an educational quality assessment organization no longer match after supplementing the object and scope of educational quality assessment activities in accordance with Article 8 of this Regulation, the educational quality assessment organization must register to change its name.

2. When the object and scope of activities do not change but the educational quality assessment organization requests a name change, the Ministry of Education and Training will consider changing the name during the time the educational quality assessment organization requests to reissue the license for educational quality assessment activities in accordance with Point d of Clause 2 of Article 6 of this Regulation.

3. Within twenty working days from the date of receipt of the application for changing the name of the educational quality assessment organization accompanied by documents proving the necessity to change the name, the Minister of Education and Training shall examine and decide on changing the name of the educational quality assessment organization.

Article 10. Suspension of Educational Quality Assessment Activities

1. An educational quality assessment organization shall be suspended from conducting educational quality assessment activities when one of the following situations occurs:

a) Engaging in fraudulent behavior to obtain a license for educational quality assessment activities;

b) The license for educational quality assessment activities issued does not comply with the authority stipulated in Point c of Clause 2 of Article 6 of this Regulation;

c) During the course of operation, failing to maintain one of the conditions specified in Points b and c of Clause 3 of Article 5 of this Regulation;

d) Not implementing educational quality assessment activities within twelve months from the date of issuance of the license for educational quality assessment activities;

e) Conducting educational quality assessment activities that are not impartial, honest, and recognizing assessment results that are inconsistent with reality;

f) Other cases as prescribed by law.

2. Procedures and formalities for suspending educational quality assessment activities:

a) Upon discovering that an educational quality assessment organization violates one of the cases stipulated in Clause 1 of this Article, the Ministry of Education and Training shall prepare a suspension dossier and notify the educational quality assessment organization, clearly stating the reasons for the suspension;

b) Within twenty working days from the date of notification to the educational quality assessment organization regarding the discovery of violations, the Minister of Education and Training shall examine and decide on suspending the educational quality assessment activities.

3. The decision to suspend educational quality assessment activities must clearly specify the reasons and duration of the suspension. The decision to suspend educational quality assessment activities must be publicly announced on the Ministry of Education and Training's electronic information website and other mass media.

4. After the suspension period for educational quality assessment activities, if the causes leading to the suspension have been resolved, the Minister of Education and Training shall allow the educational quality assessment organization to resume operations.

Article 11. Dissolution of Educational Quality Assessment Organizations

1. Educational quality assessment organizations shall be dissolved in the following cases:

a) Seriously violating regulations on management, organization, and activities of educational quality assessment organizations;

b) Within six months from the date of the decision to establish or permit establishment, the educational quality assessment organization does not register for quality assessment activities or does not meet the conditions to obtain a license for such activities;

c) At the end of the suspension period for quality assessment activities without rectifying the causes leading to the suspension;

d) At the end of the license term for quality assessment activities but does not apply for or obtain a license for continued operation;

đ) Engaging in acts of violation to obtain establishment or permission to establish an educational quality assessment organization;

e) The person signing the decision to establish or permit establishment of the educational quality assessment organization does not have the authority prescribed in the Law Amending and Supplementing Certain Provisions of the Education Law, the Higher Education Law, and this Regulation;

g) Upon request of the organization or individual establishing the educational quality assessment organization.

2. The dissolution dossier of educational quality assessment organizations is stipulated as follows:

a) In the case where the organization or individual establishing the educational quality assessment organization requests dissolution:

- A proposal letter from the organization or individual requesting dissolution, clearly stating the reasons;

- A report from the competent unit under the Ministry of Education and Training proposing dissolution of the educational quality assessment organization, clearly identifying the reasons for dissolution.

b) In cases where dissolution is mandatory:

- A report from the competent unit under the Ministry of Education and Training proposing dissolution of the educational quality assessment organization, clearly identifying the reasons for dissolution;

- An explanatory document from the Ministry of Education and Training accompanied by evidence proving that the educational quality assessment organization violated regulations leading to dissolution, as specified from point a to point e of Clause 1 of this Article.

3. Procedures and formalities for dissolving educational quality assessment organizations:

a) In the case where the organization or individual establishing the educational quality assessment organization requests dissolution:

- The educational quality assessment organization submits the dissolution application dossier to the Ministry of Education and Training;

- Within thirty working days from the date of receipt of the dissolution application dossier of the educational quality assessment organization, the Ministry of Education and Training verifies, examines, evaluates, and proposes the Minister of Education and Training to decide on the dissolution of the educational quality assessment organization.

b) For cases where dissolution is mandatory (cases specified from point a to point e of Clause 1 of this Article):

- The Ministry of Education and Training prepares the dissolution dossier of the educational quality assessment organization, clearly stating the reasons for dissolution and notifying the educational quality assessment organization;

- Within thirty working days from the date of notification about preparing the dissolution dossier of the educational quality assessment organization, the Ministry of Education and Training verifies, examines, evaluates, and proposes the Minister of Education and Training to decide on the dissolution of the educational quality assessment organization.

4. The dissolution decision of the educational quality assessment organization must clearly state the reasons for dissolution and be published on the Ministry of Education and Training's electronic information website immediately after being signed and issued.

Chapter III

ORGANIZATIONAL STRUCTURE, ACTIVITIES, TASKS AND LIMITATIONS
OF EDUCATIONAL QUALITY ASSESSMENT ORGANIZATIONS

Article 12. Organizational structure and activities of educational quality assessment organizations

1. Educational quality assessment organizations have a Director, Deputy Director, Quality Assessment Council; an office and specialized departments to implement quality assessment activities. The Director, Deputy Director, and members of the Quality Assessment Council must meet the standards for assessors.

2. The Director of an educational quality assessment organization established by the State is appointed by the Minister of Education and Training. The Director of an educational quality assessment organization established by an organization or individual is appointed by the head of the founding organization or the individual who founded the educational quality assessment organization. The Director is responsible under the law for the activities of the educational quality assessment organization; has the duty to approve quality assessment plans, certify the composition of external evaluation teams, and decide whether to recognize or not recognize educational institutions and programs meeting the quality education standards.

3. The Director of an educational quality assessment organization decides to establish the Quality Assessment Council and specialized departments to implement the activities of the educational quality assessment organization.

4. The Quality Assessment Council:

a) The Quality Assessment Council is tasked with reviewing the results of educational quality assessments and recommending to the Director to recognize or not recognize educational institutions and programs meeting the quality education standards.

b) The membership of the Quality Assessment Council includes leaders of the educational quality assessment organization; leaders of specialized departments; some assessors; representatives of certain ministries, sectors, educational institutions, businesses, and related social organizations. The number of council members is decided by the Director of the educational quality assessment organization but must be an odd number and at least nine members, including:

- The Chairman of the Council is the Director of the educational quality assessment organization or the Deputy Director authorized by the Director.

- The Vice Chairmen of the Council are the Deputy Directors of the educational quality assessment organization, leaders of specialized departments of the educational quality assessment organization;

- Council members serve a five-year term and may participate in no more than two consecutive terms. For Council members representing certain ministries, sectors, educational institutions, businesses, and related social organizations, they cannot participate in the Council when they no longer hold positions in the agencies they represent.

c) The Council has a Secretariat to assist the Council (the head of which is one member of the Council) established upon the proposal of the Council Chair and decided by the Director of the educational quality assessment organization.

d) Principles of operation of the Council:

- The Council operates on the principle of collective decision-making, with decisions made by majority vote on matters within the Council's functions;

- The Council convenes regularly twice a year or at the call of the Council Chair. Decisions of the Council only have validity when approved by at least two-thirds of the Council members;

- Members of the Council who represent educational institutions undergoing quality assessment will not participate in Council meetings when the Council reviews the evaluation results of the educational institution or program where they work or have worked.

5. Activities of the educational quality assessment organization include:

a) Organizing external evaluation activities for educational institutions and programs according to the requirements of the educational institution or authorized organizations;

b) Reviewing and recognizing educational institutions and programs that meet the standards of educational quality;

c) Organizing or participating in organizing educational quality assessment activities both domestically and internationally.

Article 13. Functions, tasks, and responsibilities of the educational quality assessment organization

1. The educational quality assessment organization has the following functions:

a) Organizing activities to evaluate and recognize educational institutions and programs that meet the standards of educational quality;

b) Advising educational institutions on improving quality after educational quality assessment.

2. The educational quality assessment organization has the following tasks:

a) Publicly announcing the decision to establish or permit the establishment of an educational quality assessment organization, the license for conducting educational quality assessment, the Charter of the educational quality assessment organization, and the list of assessors on the organization's electronic information website and other mass media;

b) At least thirty days before the expiration date of the license for conducting educational quality assessment, if there is a need to continue operations, the educational quality assessment organization shall submit a written request to the Ministry of Education and Training to renew the license for conducting educational quality assessment;

c) Adhering to regulations concerning educational quality assessment standards, quality assessment procedures, principles of operation, conditions, and standards for organizations and individuals engaged in educational quality assessment;

d) Conducting quality assessment activities in accordance with the objects and scope specified in the license for conducting educational quality assessment;

đ) Providing consulting services for educational quality assessment to educational institutions; fully implementing the terms of service contracts signed with educational institutions; being responsible for professional activities conducted by the educational quality assessment organization;

e) Managing assessors, staff, and employees of the educational quality assessment organization;

g) Managing finances, ensuring income and expenditure comply with current laws;

h) Annually submitting a written report to the Ministry of Education and Training before December 31, including the situation of quality assessment activities, changes during the year, advantages, difficulties, recommendations, proposals, and information required to be provided to the Ministry of Education and Training.

3. The educational quality assessment organization has the following responsibilities:

a) Being accountable under the law, to educational institutions applying for quality assessment, and to organizations and individuals using the results of quality assessment regarding the services provided;

b) Purchasing professional liability insurance for assessors, setting up a risk reserve fund according to the regulations of the Ministry of Finance;

c) Compensating for losses caused by the fault of the educational quality assessment organization to educational institutions applying for quality assessment while performing quality assessment services and related services; the amount of compensation is agreed upon by both parties or determined by the competent authority resolving disputes;

d) During the implementation of quality assessment activities, if violations of the law are discovered in educational institutions applying for quality assessment, the educational quality assessment organization has the responsibility to inform the educational institution, the Ministry of Education and Training, and the direct management agency of the educational institution;

đ) Providing quality assessment files and materials upon written request from authorized state agencies as stipulated by law;

e) Bearing civil liability as prescribed by law; not allowing any individual or organization to misuse the name and facilities of the educational quality assessment organization to conduct quality assessment activities.

Article 14. Powers of the organization for educational quality assessment

1. Implement activities specified in the license for educational quality assessment.

2. Hire domestic and foreign experts to collaborate with assessors to perform service contracts or cooperate with other educational quality assessment organizations in accordance with the law.

3. Participate in professional organizations for educational quality assessment both domestically and internationally.

4. Require educational institutions applying for educational quality assessment to provide sufficient and timely documents and information related to the educational quality assessment activities.

5. Verify and confirm information and evidence related to educational institutions applying for educational quality assessment.

6. Propose relevant units or individuals with expertise or advisory roles concerning educational quality assessment activities.

7. Have the right to refuse to provide educational quality assessment services.

8. Exercise other rights as prescribed by law.

 

Chapter IV

FINANCIAL ASPECTS OF THE EDUCATIONAL QUALITY ASSESSMENT ORGANIZATION

Article 15. Sources of finance for the educational quality assessment organization

1. The sources of finance for the educational quality assessment organization established by the State include:

a) State funding:

- Investment capital for basic construction, counterpart funds for projects, procurement expenses for equipment and repair costs for fixed assets within the approved budget estimate;

- Funding for performing educational quality assessment tasks commissioned by the State;

- Regular operating expenses: partial support from the State budget for regular operating expenses not exceeding three years from establishment according to the annual state budget estimate approved by the competent authority;

b) Revenue from public services: fees and charges as prescribed; income from external evaluations for educational institutions and programs; income from reviewing and recognizing educational institutions and programs that meet educational quality standards; income from organizing or participating in organizing educational quality evaluation activities domestically and internationally; other public service revenue (if any);

c) Grants, aid, gifts, and donations from organizations and individuals both domestically and internationally;

d) Other lawful financial sources as prescribed by law (if any);

e) The financial mechanism for the educational quality assessment organization established by the State shall be implemented according to the financial mechanism for public service organizations as prescribed by the Government and based on the specific characteristics of the educational quality assessment organization to establish a detailed financial mechanism ensuring suitability with reality.

2. The sources of finance for the educational quality assessment organization established by organizations and individuals include operational funding from the contributions of organizations and individuals and other lawful financial sources as prescribed. The educational quality assessment organization established by organizations and individuals shall apply the financial mechanism for non-public entities operating in education and training fields as prescribed by the Government.

Article 16. Rights and Financial Obligations of Educational Quality Assurance Organizations

1. Educational quality assurance organizations have the right to collect fees for assessing the quality of educational programs and educational institutions in accordance with the regulations of the Ministry of Finance on revenue items belonging to the state budget and the fee framework for mandatory educational quality assessment for educational programs and educational institutions. For revenues from non-mandatory educational quality assurance activities (service activities), educational quality assurance organizations are entitled to independently determine service fee levels based on the content of the work and agreements reached with educational institutions.

2. Annually, after covering all reasonable expenses, educational quality assurance organizations are responsible for fulfilling their tax obligations to the State in accordance with the law, and in the portion where revenue exceeds remaining expenditures (if any), state-established educational quality assurance organizations may establish funds in accordance with the law for public service units.

Article 17. Financial Management of Educational Quality Assurance Organizations

1. Educational quality assurance organizations implement accounting systems in accordance with the regulations of competent authorities.

2. Educational quality assurance organizations conduct financial transparency and auditing in accordance with the law./.