Decision No. 89/2004/QĐ-BNV Approving the Charter of the Association of Private Universities and Colleges in Vietnam

Pursuant to …;

Regarding the approval of the Charter of the Association of Private Universities and Colleges in Vietnam

private colleges in Vietnam

_________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 102/SL-L004 dated May 20, 1957 on the right to establish Associations;

Pursuant to the Government's Decree No. 45/2003/NĐ-CP dated May 9, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government Decree No. 88/2003/NĐ-CP dated July 30, 2003 on the organization, operation, and management of associations;

Upon the proposal of the Association of Private Universities and Colleges in Vietnam and the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Approves the Charter of the Association of Private Universities and Colleges in Vietnam which was adopted at the First General Assembly on September 9, 2004.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The President of the Association of Private Universities and Colleges in Vietnam and the Director of the Department of Non-Governmental Organizations shall be responsible for implementing this Decision.

CHARTER

 

organization and activities of the Association of Private Universities and Colleges in Vietnam

private colleges in Vietnam

(issued pursuant to the Decision of the Minister of Home Affairs No. 89/2004/QĐ-BNV

dated December 27, 2004 regarding the approval of the Charter of the Association of Private Universities and Colleges in Vietnam)

NAME - PURPOSE - OBJECTIVES

PART I

1. Name: Association of Private Universities and Colleges in Vietnam

Article 1. Name

Trade name: Vietnam Private University Association.

Abbreviation: VIPUA.

2. The Association has its headquarters in Hanoi.

Address: Room 201, Building No. 4, Alley 651, Minh Khai Street, Hanoi - Vietnam.

3. The Association is a voluntary social-professional organization among private universities and colleges in Vietnam.

4. The Association of Private Universities and Colleges in Vietnam (hereinafter referred to as the Association) is subject to state management over associations by the Ministry of Home Affairs and state management over its field of activity by the Ministry of Education and Training.

5. The Association operates within the framework of the law. The Association has legal personality, a seal, a logo, and bank accounts in both domestic and foreign currencies at State Treasury Banks for transactions.

Objectives of the Association.

Article 2. 1. To contribute to the development of education and training of human resources, serving industrialization and modernization of the country through organizing linkages among private universities and colleges; jointly building models and mechanisms of operation of modern private universities and colleges suitable to the conditions of Vietnam; in accordance with the Party's resolutions, laws of the State, and regulations of the Ministry of Education and Training.

2. To provide opinions to competent authorities on policies, regulations of the State related to private universities and colleges specifically and universities and colleges generally.

3. To promote the exchange of teaching experience, scientific research, and management between member schools and other universities and colleges both domestically and internationally.

4. To support member schools in expanding international cooperation to serve teaching, scientific research, and technology transfer.

5. Through the activities of the Association, to enhance public understanding of the system of private universities and colleges; gradually improve the status of private universities and colleges in the higher education system; create a fair competitive environment and equal cooperation among universities and colleges, contributing to creating new impetus in the process of developing and revitalizing higher education in the country.

Tasks of the Association.

Article 3. 1. Organize and support member schools to implement training programs according to the regulations of the Ministry of Education and Training; organize research, compilation of textbooks, strengthen teaching and learning means; organize advanced educational and training processes; exchange and agree on a unified tuition fee framework among private universities and colleges.

2. Support the promotion of private universities and colleges in planning, training, and nurturing teaching staff, gradually building a core force; linking the selection and utilization of teaching labor from society according to the voluntary requirements of members to achieve high efficiency, directly impacting the quality of education and training; building a strong system of private universities and colleges to supplement the national education system.

3. Promote innovation in the organization of training processes, teaching methods, and continuous efforts to improve the quality of education and training to meet international standards.

4. Organize collaboration in educational scientific research, other scientific and technological research related to the training fields of member schools, linking research with the needs for economic and social development of the country. Actively participate in popularizing science, transferring technology, and environmental protection.

5. Support each other in building and using material facilities, campuses, workshops, stations, dormitories, organizing library and information material linkages.

6. Jointly study improvements in management, innovation in operational mechanisms, teaching management methods, student management, quality training management, financial management, etc. Building a model of modern and sustainable private university and college.

7. Participate in drafting regulatory documents of competent authorities related to the system of private universities and colleges. Participate in providing comments, evaluations, commendations, and opinions with competent authorities in handling violations by member schools.

8. Organize multi-faceted cooperation with agencies, economic, educational, cultural, sports, health, scientific research, technology transfer, environmental protection organizations both domestically and internationally, overseas Vietnamese communities in accordance with government regulations, creating a cooperative environment for mutual development based on equality, mutual benefit, respect for the independence and autonomy of member schools.

9. Organize promotional work to introduce private universities and colleges, and introduce the Association to domestic and international educational institutions.

10. Cooperate with non-governmental organizations and international organizations to seek cooperation and assistance from abroad for private universities and colleges in accordance with the law.

Rights of the Association.

Article 4. Powers of the Association.

1. Relations with state agencies in the performance of advisory, critical review, and appraisal functions for certain policies and activities related to the education-training sector generally and private higher education specifically.

2. Investigate human resource needs to serve the country's industrialization and modernization efforts; foreign human resource needs to provide materials for member schools to refer to when establishing reasonable training goals, programs, contents, and methods (fields of study, types of training, quantity, duration). Simultaneously introduce to the domestic and international labor markets the capacity of private universities and colleges to train and supply scientific and technological human resources; implement linkages between training and the labor market in human resource development.

3. Take the lead or cooperate with educational institutions, other organizations both domestically and internationally to organize conferences, seminars, training sessions, roundtables, visits, surveys, and experience exchanges in educational activities and scientific and technological research according to state regulations.

4. Organize the collection and dissemination of information on the development of education and training in Vietnam and internationally for member schools.

5. When necessary, the Standing Board of the Association or its representatives in each region will convene meetings with member schools, discuss and agree on action programs, help each other develop based on mutual agreement and mutual benefit.

6. Respect and protect the autonomy and freedom of member schools in educational activities; have the right to contact and provide opinions to competent authorities when members violate the University Charter, private university regulations, self-established university regulations, or relevant state laws on education and training.

7. Provide vocational guidance and employment counseling for students in accordance with the law.

8. If deemed necessary, organize research centers, advisory services, and educational training services under the Association in accordance with the law to support training, research, and management activities suitable for the characteristics of private higher education.

Chapter II

MEMBERS

Article 5. Members of the Association.

Members of the Association include organizations or individuals, comprising: Regular members and associated members, honorary members or advisors.

1. Regular members of the Association are private universities and colleges (self-established, semi-public, private) that agree with this Charter, voluntarily submit an application to join the Association, pay membership fees, and will be considered for admission into the Association of Private Universities and Colleges in Vietnam.

2. Associated members are foreign universities and colleges or joint ventures between Vietnamese and foreign individuals legally operating in Vietnam; Vietnamese universities and colleges legally operating abroad.

The Rector of universities and colleges is the sole legal representative for universities and colleges participating in the Association.

3. Honorary members or advisors: The Association invites some scientists, education managers with capability, reputable enterprises, and those who have made significant contributions to education and training to participate in Association activities as honorary members or advisors according to the law.

Article 6. Procedures for joining or requesting removal from the list of Association members.

1. Private universities and colleges wishing to join the Association must submit to the Standing Board of the Association a set of documents as follows:

- An application to join the Association signed by the Chairman of the Board of Management and the Rector of the school, and stamped with the legal entity seal.

- A copy of the decision to establish the school and the operational charter of the school approved by the competent authority.

- A profile of the school.

The Standing Board of the Association examines and decides to admit new members, notifies in writing the new member school, the Board of Directors' members, other member schools, and relevant agencies.

2. Members wishing to remove their names from the list of Association members must submit an application signed by the Chairman of the Board of Management and the Rector, stamped with the legal entity seal, and submit it to the Standing Board of the Association for examination and decision, and notify in writing the member school, the Board of Directors' members, other member schools, and relevant agencies.

Article 7. Obligations and benefits of members.

1. Obligations of members.

1.1. Implement the Association Charter, resolutions of the Congress, of the Board of Directors of the Association, guidance on Association work by the Standing Board of the Association, and agreements reached through consensus among member schools.

1.2. Maintain the honor of the Association, respect and fully implement basic principles in educational activities, actively combat negative phenomena harmful to the honor and interests of member schools as well as the Association.

1.3. Unite, cooperate, and assist other member schools.

1.4. Provide the Association with information on achievements in education and training, scientific research, technology transfer, and management contributing to the development of the education and training sector generally and private education and training specifically.

1.5. Pay a one-time membership fee upon joining the Association, and pay annual membership dues once per year in the first quarter according to the resolution of the Association Congress.

1.6. Members are required to prepare periodic reports every six months or special reports (when requested by the Standing Board) regarding assigned tasks and send them to the Standing Board of the Association.

2. Benefits of members.

2.1. Report and request the Standing Board of the Association to submit to the Board of Directors of the Association for consideration and recommendation to competent state authorities or report to the Government for consideration and resolution of issues concerning mechanisms and policies to protect the legitimate rights and interests of member schools; support the development of the education and training sector generally and private education and training specifically.

2.2. Be requested by the Standing Committee of the Executive Board to act as an intermediary in mediating and resolving disputes between member schools, between member schools and external agencies after such member schools have negotiated but failed to resolve them.

2.3. Participate in seminars, conferences, training sessions organized by the Association; use information on education and training, educational management in Vietnam and internationally collected by the Association; participate in domestic and international study tours and surveys organized by the Association; participate in international cooperation programs and projects led by the Association.

2.4. Be listed in the directory introducing the processes and capabilities of member schools within the Association to introduce to domestic and international partners.

2.5. Participate in voting on Resolutions at the Congress, run for election, and nominate candidates for positions on the Executive Board of the Association.

3. Associated members, honorary members, and advisors of the Association enjoy all rights of members except the right to vote on Association matters, the right to run for and be elected to leadership positions within the Association.

Chapter III

ORGANIZATION, MANAGEMENT, ADMINISTRATION

Article 8. The operation system and principles of the Association.

The Vietnam Private University Association operates under the principle of respecting each member school's autonomy and self-responsibility; consensus, voluntariness, self-funding, equality, mutual benefit, based on the unified opinion of member schools with the enthusiastic guidance and support of the Association's Executive Board.

Article 9. Organization of the Association.

The organization of the Vietnam Private University and College Association includes:

1. The Congress and the Mid-Term Conference of the Vietnam Private University and College Association;

2. The Executive Board and the Standing Committee of the Executive Board of the Association.

3. The Permanent Office of the Association, including:

- The General Office;

- Functional Departments;

- Subordinate Units (research centers, consulting services, education and training service units subordinate to the Association...).

Article 10. The Congress of the Association.

1. The Congress of the Association is the highest authority of the Association, held every five years by the Executive Board of the Association. The Congress has the following tasks:

- Discussing and approving reports on activities and finances of the previous term.

- Approving plans for future operations.

- Electing the new term's Executive Board of the Association.

- Amending the Charter of the Association (if necessary).

2. Mid-term Conferences between two Congresses: Held every 2.5 years to review and promote the implementation of Congress Resolutions and Executive Board Resolutions. When at least two-thirds of the Executive Board Members or more than half of the member schools propose, the Executive Board may convene an extraordinary conference.

Article 11. The Executive Board of the Association.

1. The Association is led by the Executive Board of the Association. The Executive Board of the Association is the sole leading body of the Association between two Congresses, the number of members of the Executive Board of the Association is decided by the Congress and directly elected by the Congress. The term of the Executive Board of the Association is five years. Members of the Executive Board of the Association operate on a part-time basis.

2. The Executive Board of the Association meets at least once a year to review and evaluate the Association's operational process and discuss measures to implement Congress Resolutions.

3. The Executive Board of the Association elects the Standing Committee and the Inspection Board of the Association.

Article 12. The Standing Committee of the Executive Board of the Association.

1. Representing the Executive Board of the Association between meetings is the Standing Committee of the Executive Board of the Association, consisting of: one Chairman, several Vice Chairmen (including one permanent Vice Chairman), one Secretary-General, and several Standing Members. (The permanent Vice Chairman, Secretary-General, and some full-time staff are paid by the Association).

a) The Chairman of the Association presides over meetings of the Executive Board, oversees all activities of the Association to implement Congress Resolutions and Executive Board Resolutions, and is responsible under the law for all activities of the Association. In the absence of the Chairman, if necessary, he may delegate a Vice Chairman to perform the duties of the Chairman.

b) The Vice Chairmen of the Association are assigned by the Chairman of the Association to lead specific areas of the Association's activities.

c) The Secretary-General is responsible for handling tasks delegated by the Chairman and overseeing the daily activities of the Association. The Secretary-General proposes the Director of the Office, who is appointed by the Chairman of the Association. The tasks of the Director of the Office are assigned by the Secretary-General.

2. The Standing Committee of the Executive Board of the Association has the following responsibilities:

- Directing the implementation of Congress Resolutions and Executive Board Resolutions.

- Establishing and guiding the activities of subordinate organizations.

- Managing the assets and finances of the Association.

- Deciding organizational and membership issues of the Association.

- Deciding on awards, disciplinary actions, and the logo (symbol) of the Association.

- Preparing the agenda and convening meetings of the Executive Board of the Association; reporting work done to the Executive Board Conference.

3. The Standing Committee of the Executive Board of the Association meets every six months (based on the academic year).

Article 13. The Inspection Board of the Association.

1. The Inspection Board of the Association is elected by the Executive Board of the Association, operating independently from the Standing Committee of the Executive Board of the Association. The Inspection Board of the Association has the following responsibilities:

- Investigating when there are signs of violation of the Charter or Congress Resolutions and Executive Board Resolutions.

- Inspecting the management and use of Association finances; inspecting the qualifications of Executive Board Members.

- Resolving complaints and reports related to member schools and Association organizations.

2. Responsible for reporting regularly to the Executive Board of the Association.

Article 14. The Permanent Office of the Association.

1. The Permanent Office of the Association is established by the Standing Committee of the Executive Board of the Association, including:

- The Association Office;

- Departments and Centers Subordinate to the Association:

(i) The Organizational Support and Educational Management Department,

(ii) The Education and Training Support Department,

(iii) The Cooperation and Educational Development Support Department,

(iv) Some research centers, consulting services, education and training service clubs established by the Association in accordance with the law.

2. The Association's representative offices in some major cities shall be established upon the proposal of the General Secretary and the Standing Board decides to establish them in accordance with the provisions of the law.

Article 15. Provisions on the activities of the Association's agencies

1. The organizational structure, functions, tasks, powers of the Office, functional departments, research centers, advisory service centers, scientific education clubs, and representative offices in some cities with many members shall be stipulated by the Standing Board of the Executive Board, and the Chairman of the Executive Board shall issue a written decision.

2. The organization, functions, tasks, and powers of the Inspection Board shall be stipulated by the Executive Board.

Chapter IV

FINANCIAL MATTERS OF THE ASSOCIATION

Article 16. Membership fees and administrative fees of the Association.

Members pay membership fees once a year, in January of each year; administrative fees when joining the Association are paid once. The level of administrative fees and membership fees shall be decided by the Founding Congress or the Mid-term Congress of the Association.

Article 17. Revenue and expenditure of the Association.

1. Sources of revenue for the Association include:

- Administrative fees, membership fees;

- Revenues from scientific and technological activities, business and service activities in accordance with the provisions of the law;

- State sponsorship; donations and sponsorships from individuals and organizations both domestically and internationally;

- Annual interest from savings deposits.

2. Expenditure of the Association includes:

- Expenses for the Association's operations;

- Awards expenses;

- Other expenses;

3. The Association's assets and finances shall be managed and utilized in accordance with the regulations of the Association's Executive Board and the guidelines of state financial management agencies.

4. When the Association is dissolved, all of its assets shall be disposed of in accordance with the provisions of the law.

Chapter V

REWARDS AND DISCIPLINE

Article 18. Awards.

Members who have achievements in management innovation, cooperation, and assistance to other member schools shall be awarded by the Association.

Article 19. Disciplinary Measures

Members who violate the Charter of the Association, causing damage to the Association's reputation and interests shall be subject to criticism, warning, or expulsion from the Association.

Chapter VI

IMPLEMENTATION AND EFFECTIVENESS OF THE CHARTER

Article 20. Implementation of the Charter.

The Vietnam Private University and College Association and its member institutions must strictly comply with the Association's Charter.

Article 21. Guidance on the implementation of the Charter.

The Executive Board has the responsibility to guide the implementation of the Association's Charter.

Article 22. Amendments and Supplements to the Charter.

Only the Congress of the Vietnam Private University and College Association has the right to amend and supplement this Charter.

Article 23. Effectiveness of the Charter.

This Charter consists of 6 Chapters and 23 Articles, which were approved by the Association Congress on September 9, 2004, and took effect after being approved by the Minister of Home Affairs and circulated in accordance with the provisions of the law./.