Decree No. 99/2019/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law.

DECREE
Detailed regulations and guidance on implementation of certain provisions

of the Law amending and supplementing some articles of the Higher Education Law

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

BASED ON THE Education Law dated June 14, 2005 and the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

Pursuant to the Higher Education Law dated June 18, 2012 and the Law Amending and Supplementing Certain Provisions of the Higher Education Law dated November 19, 2018;

promulgates a Decree stipulating the criteria for stratification, ranking framework, and ranking standards for higher education institutions.

The Government promulgates this Decree to provide detailed regulations and guidance on implementing certain provisions of the Law amending and supplementing some articles of the Higher Education Law.

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed regulations and guidance on implementing Clauses 3, 4, 10, 12, 13, 15, 17, 23, 24, 28, and 34 of Article 1 of the Law amending and supplementing some articles of the Higher Education Law.

2. This Decree applies to universities, academies (hereinafter referred to collectively as universities), university systems, and organizations and individuals participating in higher education activities.

Article 2. Naming and Renaming Higher Education Institutions

1. The Vietnamese name of a higher education institution includes:

a) A term identifying the type of higher education institution: university, college, academy;

b) A term specifying the field or profession of training (if necessary);

c) A specific name including the name of a locality, a cultural or historical figure, a personal name, an organizational name (if any), and other specific names.

2. The international trade name of a higher education institution must be translated from Vietnamese into a foreign language using appropriate terms in accordance with international practice. For universities that are members of a university system, the international trade name in a foreign language shall be determined by the university system.

3. In cases of establishment or renaming, the Vietnamese name of a higher education institution along with its international trade name and abbreviated name shall be determined in the establishment project or the renaming project of the higher education institution; they shall not be identical or cause confusion with the names of other established or registered higher education institutions, ensuring linguistic purity, not using words or symbols that violate historical, cultural, moral, and traditional customs; and shall not cause confusion about the ranking or content of teaching programs. At the same time, the name of a higher education institution with foreign investment must comply with current laws regarding cooperation and foreign investment in the field of higher education.

4. The renaming dossier includes:

a) A proposal for renaming the higher education institution;

b) The resolution of the school council or university council;

c) The renaming project of the higher education institution: clearly stating the reasons and necessity for renaming; a report on the impact assessment on students, staff, lecturers, and related parties; solutions to handle risks after renaming (if any);

d) The approval document for renaming issued by the direct management agency of the higher education institution for public higher education institutions or the agreement of investors representing at least 75% of the total capital contribution for private non-profit universities or private universities.

5. The process of handling the renaming dossier is as follows:

a) The higher education institution submits one set of the dossier directly or through postal service along with an electronic copy to the Ministry of Education and Training or through the online public service under the electronic information system of the Ministry of Education and Training;

b) Within thirty working days from the date of receipt of the complete dossier as stipulated in this Article, the Ministry of Education and Training shall organize the review of the dossier and submit it to the Prime Minister for decision;

c) If the dossier does not comply with the regulations, within ten working days from the date of receipt of the dossier, the Ministry of Education and Training shall send a notification letter to the higher education institution and specify the reasons.

6. In cases where renaming is associated with the conversion of a private university to a private non-profit university or the transformation of a university into a university system or the consolidation of universities into a university system, the provisions of Clauses 1, 2, and 3 of this Article and Articles 3, 4, or 5 of this Decree shall apply.

Article 3. Conversion of private higher education institutions to non-profit private higher education institutions

1. The conversion dossier includes:

a) A proposal for converting a private higher education institution to a non-profit private higher education institution, clearly stating the necessity for conversion; the purpose and objectives of non-profit operations; the contributed capital and undivided joint property of the private higher education institution (if applicable);

b) Commitment documents from investors representing at least 75% of the total contributed capital of the private higher education institution being converted to a non-profit private higher education institution, ensuring non-profit operations, not withdrawing capital, not enjoying dividends; annual accumulated profits belonging to undivided joint property to continue investing in developing the private higher education institution;

c) Draft regulations on organization and operation; draft internal financial regulations of the non-profit private higher education institution;

d) Other supporting evidence: Audit reports, agreements to resolve the issue of contributed capital for investors who disagree with the conversion to a non-profit private higher education institution (if applicable); documents and materials related to land, assets, finance, organization, and personnel of the private higher education institution being converted to a non-profit private higher education institution;

đ) Impact assessment on personnel, finance, assets, and handling plans;

e) Decision on establishing the private higher education institution, decision recognizing the current school council, decision recognizing the current rector of the private higher education institution and other relevant documents (if applicable).

2. The process of handling the conversion dossier is as follows:

a) The private higher education institution submits one set of dossier directly or through postal service along with an electronic copy to the Ministry of Education and Training or through online public services under the Ministry of Education and Training's website;

b) Within thirty working days from the date of receipt of the complete dossier as stipulated in this Article, the Ministry of Education and Training shall organize the review of the dossier and submit it to the Prime Minister for decision;

c) In case the dossier does not comply with the regulations, within ten working days from the date of receipt, the Ministry of Education and Training sends a notification letter to the private higher education institution and clearly states the reasons.

Article 4. Conversion of university to university status and establishment of schools under higher education institutions

1. Conditions for converting a university to university status are as follows:

a) The university has been recognized as meeting the quality standards of higher education institutions by a legitimate educational quality assurance organization;

b) There must be at least three schools established under the university according to the provisions of Clause 4 of this Article; there must be at least ten training programs up to doctoral level; the scale of regular training must exceed 15,000 people;

c) Approval opinions from the direct management agency for public universities; consensus from investors representing at least 75% of the total contributed capital for private universities, non-profit private universities.

2. The dossier for converting a university to university status includes:

a) A proposal for converting a university to university status; resolution of the school council;

b) A plan for converting a university to university status, clearly stating the necessity, evidence specified in Clause 1 of this Article; draft regulations on organizational activities of the university; solutions to address risks when implementing the conversion (if applicable); impact assessment on personnel, finance, assets, and handling plans due to the conversion.

3. The process of handling the dossier for converting a university to university status is as follows:

a) The university submits one set of dossier directly or through postal service along with an electronic copy to the Ministry of Education and Training or through online public services under the Ministry of Education and Training's website;

b) Within thirty working days from the date of receipt of the complete dossier as stipulated in this Article, the Ministry of Education and Training shall organize the review of the dossier and submit it to the Prime Minister for decision;

c) In case the dossier does not comply with the regulations, within ten working days from the date of receipt, the Ministry of Education and Training sends a notification letter to the university and clearly states the reasons.

4. Establishment of a school as a training unit under a higher education institution according to Clause 2 of Article 1 of the Law amending and supplementing certain articles of the Higher Education Law is defined as follows:

a) Conditions for establishment: At least five majors in the same field of training from bachelor's degree level upwards, including at least three master's degree training programs, and at least one doctoral degree training program; the scale of regular training must be 2,000 people or more; regulations on the functions, tasks, and organizational structure of the school under the higher education institution. In cases where a school is established solely for vocational training programs, it does not need to meet the conditions for master's and doctoral degree training. In cases where the scale of regular training is less than 2,000 or the number of majors in the same field of bachelor's and master's degree training is less than the prescribed requirements, approval from the Minister of Education and Training based on the specific characteristics of the field or training level is required;

b) The establishment dossier includes: An establishment plan clearly stating the necessity for establishing the school, implementation solutions; evidence of the establishment conditions of the school as stipulated in point a of this clause;

c) The school council or university council is responsible for reviewing the dossier and issuing a decision to establish a school under the higher education institution and submitting it to the Ministry of Education and Training for reporting;

d) The name of the school must ensure that it does not duplicate or cause confusion with the names of already established or registered higher education institutions, ensuring linguistic clarity, and not using terms or symbols that violate historical traditions, culture, ethics, and customs of the nation. The international trade name of the school must be translated from Vietnamese into foreign languages and must use internationally accepted foreign language terms.

Article 5. Linking universities to form a university

1. Conditions for linking universities to form a university are as follows:

a) There must be at least three public universities of the same type or three private universities of the same type linking together to form a university, or at least three private universities and non-profit private universities linking together to form a non-profit private university;

b) There must be a draft charter on the organization and operation of the university established by the universities linking together, which specifies common goals and missions; provisions on organization, finance, assets; other contents (if any);

c) There must be approval from the direct management agency of public universities or agreement from investors representing at least 75% of the total capital contribution at each private university and non-profit private university.

2. The dossier for linking universities to form a university includes:

a) A proposal for linking to form a university submitted by the participating universities;

b) Resolutions of the university councils regarding participation in the linkage;

c) A linkage project, clearly stating the necessity, changes in the goals and missions of the participating universities; a draft charter on the organization and operation of the university; solutions to address risks when implementing the linkage (if any).

3. The process of handling the dossier is as follows:

a) The representative university of the participating universities submits one set of dossier directly or through postal service along with an electronic copy to the Ministry of Education and Training or through the online public service portal of the Ministry of Education and Training;

b) Within 45 working days from the date of receipt of the complete dossier as stipulated in this Article, the Ministry of Education and Training shall take the lead and coordinate with relevant ministries and sectors to review the dossier and submit it to the Prime Minister for decision;

c) In case the dossier does not comply with the regulations stipulated in this Article, within 10 working days from the date of receipt of the dossier, the Ministry of Education and Training shall send a notification letter to the universities and specify the reasons.

Article 6. Organization and operation of higher education institutions established under an agreement between the Government of the Socialist Republic of Vietnam and foreign signatories

The organization and operation of higher education institutions established under an agreement between the Government of the Socialist Republic of Vietnam and foreign signatories shall be carried out in accordance with the provisions of the agreement; if the agreement does not provide for such matters, they shall be implemented in accordance with this Decree and relevant laws.

Article 7. Procedures and formalities for establishing and recognizing university councils; recognizing, dismissing, and relieving the chairman of the council; appointing and relieving other members of the council; recognizing the rector of public universities

1. Procedures for establishing a university council are as follows:

a) For newly established universities: The direct management agency assigns the right to act as the rector to participate in the temporary university council and perform the duties and powers of the rector until a decision officially recognizing the rector is made based on the recommendation of the council.

The direct management agency decides on the temporary university council as follows: number of members, composition, method of electing members, directing the implementation of the election of members and the election of the chairman of the temporary university council according to the regulations for university councils under the Law Amending and Supplementing Certain Provisions of the Higher Education Law; issuing a decision recognizing the temporary university council and the chairman of the temporary university council before the university requests permission to operate training programs; the content of the decision clearly states the duration of the temporary university council's operation, not exceeding 12 months from the date the direct management agency issues the recognition decision. The establishment of the official university council is carried out according to the provisions of point d of this clause.

b) For universities that are currently operating but have not yet implemented the legal provisions on establishing a university council, within six months from the date this Decree takes effect, the leadership body must direct the establishment of a university council according to the provisions of point d of this clause;

c) For universities that already have a university council: If on the date this Decree takes effect, the term of the university council is less than six months, the council will continue to operate until the end of its term; meanwhile, the leadership body must direct the implementation of the procedures for establishing the university council of the next term according to the provisions of point d of this clause. If on the date this Decree takes effect, the term of the university council is six months or more, the following actions shall be taken:

If the university council was established in accordance with the provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and the Party's regulations at the time of establishment, the council will continue to operate until the end of its term, decide on the personnel of the rector, and implement other rights and responsibilities according to the law and the charter on the organization and operation of the university.

If the university council was established without complying with the provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and the Party's regulations at the time of establishment, within six months from the date this Decree takes effect, the leadership body must direct the implementation of the procedures for establishing the university council of the new term according to the provisions of point d of this clause. The new-term university council will decide on the personnel of the rector and implement other rights and responsibilities according to the law and the charter on the organization and operation of the university.

d) At the end of each term or as provided for in points b and c of this clause, the leadership collective shall direct the implementation of the process to establish the new term's university council in accordance with the Party's regulations, laws, the organizational and operational charter of the university, and the following provisions: The leadership collective shall propose that the directly managing authority appoint representatives to participate in the university council; agree on the number and composition of university council members with the representatives of the directly managing authority and other ex officio members of the university council (if not yet stipulated in the organizational and operational charter of the university); direct the election of university council members according to each composition; organize the university council members to elect the chairman of the university council.

The organization of introducing candidates for election, using either a general assembly or a representative meeting of the university, and the ratio of participation in the representative meeting (if applicable) must be specified in the organizational and operational charter of the university; if a representative meeting is used, the number of representatives must exceed 50% of the total number. In cases where the organizational and operational charter has not stipulated, the leadership collective shall coordinate with the representatives of the directly managing authority and other ex officio members of the university council to direct the implementation; after being recognized, the university council must direct the amendment, supplementation, or issuance of a new organizational and operational charter in accordance with the Law Amending and Supplementing Certain Provisions of the Higher Education Law, including the aforementioned content.

At least 30 working days before the end of the term, the leadership collective is responsible for completing and submitting one set of files as prescribed in point a of Clause 4 of this Article to request the directly managing authority to issue a decision recognizing the new term's university council and its chairman.

đ) The leadership collective referred to in this clause is the leadership collective of the university, consisting of: the party committee executive board or the party committee (where there is no party committee executive board), the chairman of the university council, the vice-chairman of the university council (if any), the rector, and the deputy rectors. The leadership collective is chaired by the chairman of the university council or the rector (during the period without a chairman of the university council); operates based on the principle of collective work and majority decision-making; in cases where the leadership collective is even-numbered, if the voting or ballot results are 50/50, the decision is made according to the opinion of the side chaired by the chairperson.

2. The procedure for replacing the chairman and members of the university council is as follows:

a) In cases where the chairman of the university council is vacant (dismissed, relieved from duty as prescribed in Clause 5 of this Article, reached the age limit for holding office as prescribed by law, transferred to another job, deceased), the vice-chairman (if any), or the secretary (if there is no vice-chairman) shall convene a meeting of the university council to elect a new chairman of the university council in accordance with point c of Clause 1 and submit one set of files as prescribed in Clause 4 of this Article to request the directly managing authority to issue a decision recognizing the new chairman.

b) In cases where the university council is missing members, the chairman of the university council shall direct the selection of replacement members suitable for the legal provisions and the organizational and operational charter of the university based on the composition of the missing members; submit one set of files as prescribed in point a of Clause 4 of this Article to request the directly managing authority to issue a decision recognizing the new members. The proposal shall clearly state the reasons for replacing the members of the university council along with relevant supporting documents (if any).

3. In cases where an external member of the university is elected as the chairman of the university council, the competent authority shall implement the procedures in accordance with the law to make the chairman of the university council become a permanent staff member of the university.

4. The recognition procedure for the university council is as follows:

a) The application file for recognizing the university council and its chairman includes: A proposal requesting recognition of the university council, detailing the process of determining the members of the university council; a list, brief resumes, and letters of agreement to participate from the chairman and members of the university council; minutes of meetings, vote counting records, appointment letters of members participating in the university council from the directly managing authority, and related documents.

b) Within thirty working days from the date of receipt of the complete application file from the university, the directly managing authority shall issue a decision recognizing the university council, its chairman, and members; in cases of disagreement, it must respond in writing and specify the reasons.

c) After being recognized, the university council may use the school's seal and organizational structure to carry out the council's tasks; the chairman of the university council shall receive the highest position allowance in the list of position allowances of the university; the position allowance of the vice-chairman of the university council (if any), the secretary of the university council, and other members of the council shall be stipulated in the organizational and operational charter of the school.

5. Dismissal and relief from duty of the chairman of the university council, and relief from duty of other members of the university council are regulated as follows:

a) Dismissal and relief from duty of the chairman of the university council and relief from duty of other members of the university council shall be carried out in the following cases: There is a written request from an individual to withdraw from the university council; they are restricted in their civil capacity; they are unable to perform assigned duties due to poor health and have been absent from work for more than six months without recovery; they have seriously violated the law or are currently serving a court sentence; more than 50% of the total number of members of the university council have made a written request for relief from duty or dismissal; or other cases stipulated in the organizational and operational charter of the university.

In the case of a lawful proposal for the removal or dismissal of the university council chairman, the vice-chairman of the university council (if there is one) or the secretary of the university council (if there is no vice-chairman) or a member of the university council proposed by more than 50% of the members of the university council (if a lawful proposal has been made for over 30 days but neither the vice-chairman nor the secretary of the university council has implemented it) shall preside over the meeting to resolve the matter; the meeting must ensure the ratio and composition of participants and the voting ratio as prescribed by law.

b) The university council is responsible for examining and deciding on the removal or dismissal of the chairman and members of the university council and submitting the application file to the direct management agency for a decision to recognize such actions. The file includes: a report detailing the reasons for dismissal or removal and related documents and evidence.

c) Within thirty working days from the date of receipt of the complete application file from the university, the head of the direct management agency shall issue a decision on dismissal or removal; if they disagree, they must respond in writing and specify the reasons.

6. Procedures for appointing and recognizing the rector are as follows:

a) The procedures for appointing the rector are specifically stipulated in the charter of organization and operation of the university, in accordance with the regulations of the Party and relevant laws. In cases where the term of office of the rector ends simultaneously with the term of office of the university council, the rector may be extended until the direct management agency recognizes the rector of the next term based on the proposal of the next-term university council.

b) After appointing the rector, the university council submits a report requesting recognition of the rector to the direct management agency; this report details the process of determining the rector according to the charter of organization and operation of the higher education institution and accompanying evidence; curriculum vitae, and consent letters from the person proposed for recognition as rector.

c) Within thirty working days from the date of receipt of the complete application file from the university council, the head of the direct management agency shall issue a decision recognizing the rector of the university; if they disagree, they must respond in writing and specify the reasons.

7. The organization of the university council of higher education institutions under the Ministry of Public Security and the Ministry of National Defense shall be carried out according to separate regulations of the Government.

8. Recognition of the university council; recognition, removal, and dismissal of the chairman of the university council, appointment and dismissal of other members of the university council; recognition of the rector of affiliated universities fall within the purview of the university council.

Article 8. Procedures for establishing the university council, recognizing the university council; recognizing, removing, and dismissing the chairman of the university council, recognizing the rector of private universities and non-profit private universities.

1. Procedures for establishing and recognizing the university council and the chairman of the university council of private universities are as follows:

a) Procedures for establishing and recognizing the university council and the chairman of the university council for newly established universities or those without a university council: The investors' or owners' conference determines the number and structure of the university council; elects or nominates according to the proportion of capital contribution for: representatives of investors; external members of the university who are leaders, managers, educators, cultural figures, scientists, alumni, and representatives of labor users; internal members of the university who are representatives of teachers and workers based on personnel introduced by the general assembly or representative assembly organized by the rector, and student representatives (if any) introduced by the student organization. The member with the highest capital contribution among those participating in the university council shall chair the election of the chairman of the university council, propose the investors' or owners' conference to decide on recognizing the university council and the chairman of the university council before applying for permission to operate (for new universities) or within six months from the date this Decree takes effect.

b) Procedures for establishing and recognizing the university council and the chairman of the university council for the next term: Investors may directly or authorize the current university council to organize the establishment of the university council and the election of the chairman of the university council according to the provisions of point a of this clause, and propose the investors' or owners' conference to recognize the university council and the chairman of the university council for the next term.

c) In cases where the chairman of the university council is removed or dismissed according to the provisions of Clause 3 of this Article, the vice-chairman (if there is one) or the secretary of the university council (if there is no vice-chairman) shall convene a meeting of the university council to elect a new chairman of the university council according to the provisions of point b of this clause and point b of Clause 3 of this Article, and request the investors' or owners' conference to issue a decision recognizing the new chairman.

d) In cases where there is a vacancy among the members of the university council, the chairman of the university council shall base on the composition of the vacant member to implement the selection procedure for replacement members according to the provisions of point b of this clause and submit the application file to the investors' or owners' conference to recognize the supplementary or replacement members of the university council.

đ) The application file for recognizing the university council and the chairman of the university council includes: A report proposing recognition, detailing the process of determining the members of the university council; list, curriculum vitae, and consent letters for participation from the chairman and members of the university council; minutes of meetings, minutes of ballots for electing the chairman and members of the university council.

e) Within thirty working days from the date of receipt of the complete application file from the higher education institution, the investors' or owners' conference shall decide on recognizing the university council, the chairman, and the members of the university council; if they disagree, they must respond in writing and specify the reasons.

g) The working system and conditions of the university council and positions within the council are stipulated in the charter of organization and operation of the school.

2. The procedures for establishing and recognizing the university council and the chairman of the university council of non-profit private universities shall be as follows:

a) For newly established universities: The investors' or owners' meeting shall determine the number and structure of the university council; elect or appoint representatives of investors to participate in the university council, clearly identifying the person responsible for implementing the process of establishing the university council and electing the chairman of the university council. The person responsible shall organize a general meeting or a representative meeting of the university to elect representatives of lecturers, employees, and external members to join the university council; organize the members of the university council according to the provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law to elect the chairman of the university council; propose the investors' or owners' meeting to decide on recognizing the university council and the chairman of the university council before requesting permission to operate educational activities;

b) For currently operating universities: The university council must ensure its structure, organization, and perform tasks and powers in accordance with the law and the charter of the university's organization and operation. At the end of each term, the chairman of the university council shall propose the investors' or owners' meeting to elect or appoint representatives to join the university council for the next term; organize the process of establishing the university council for the next term in accordance with point a of this clause and the charter of the university's organization and operation. At least 30 days before the end of the term, the chairman of the university council has the responsibility to complete the file, propose the investors' or owners' meeting to recognize the university council and the chairman of the university council for the next term;

c) In case the chairman of the university council is dismissed or relieved from duty, it shall be implemented in accordance with point c of Clause 1 of Article 2 of this Decree; in case there is a member of the university council who is absent, it shall be implemented in accordance with point d of Clause 1 of Article 2 of this Decree; the application file and recognition period for the university council and the chairman of the university council shall be carried out in accordance with points đ and e of Clause 1 of Article 2 of this Decree; the working system and conditions of the university council and positions within the council are regulated in the charter of the university's organization and operation.

3. Dismissal and relief from duty of the chairman of the university council shall be as follows:

a) The dismissal and relief from duty of the chairman of the university council shall be implemented in accordance with point a of Clause 5 of Article 7 of this Decree;

b) The university council shall examine and make decisions on relieving from duty or dismissing the chairman of the university council and submit the application file to the investors' or owners' meeting for decision. The file includes: A report detailing the reasons for relief from duty or dismissal; related documents proving the reasons for relief from duty or dismissal;

c) Within 30 working days from the date of receiving the complete application file, the investors' or owners' meeting shall issue a decision to dismiss or relieve from duty the chairman of the university council; if they disagree, they must reply in writing and specify the reasons.

4. The investors' meeting specified in this Article is the meeting of all investors as stipulated in Clause 11 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and subsequent regulations:

a) Conditions, forms of decision-making, organization, and operation of the investors' meeting shall be implemented in accordance with Clause 11 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and shall be specifically regulated in the charter of the university's organization and operation.

b) Before the charter of the university's organization and operation specifically regulates the investors' meeting, the chairman of the board of directors (if any) or the representative signing to establish the school of capital contributors (if there is no board of directors) shall convene and chair the investors' meeting. The first meeting is considered lawful when at least 65% of the total contributed capital is represented by investors; if the first call does not reach this ratio, then from the second call (on the same meeting content), at least 51% of the total contributed capital must be represented by investors attending the meeting.

The convocation of the meeting must have clear content, accompanied by a draft agenda and related documents; it must be sent to all capital contributors at least 15 days prior to the meeting date, through guaranteed mail, express mail, or other methods that can confirm delivery and receipt of information.

The content of the meeting must be recorded in the minutes and approved immediately at the meeting, signed by the chairperson and secretary of the meeting for storage. The resolution of the meeting must be passed by at least 65% of the total contributed capital represented by all attendees through voting or secret ballot, and must be sent to all capital contributors within 15 days from the date the resolution is passed.

5. The procedures for deciding personnel for the rector and recognizing the rector of private universities and non-profit private universities fall under the authority of the investors' or owners' meeting, to be implemented in accordance with the procedures stipulated in Clause 6 of Article 7 of this Decree.

6. Recognizing the university council; recognizing, dismissing, relieving from duty the chairman of the university council; appointing, relieving from duty other members of the university council; recognizing the rector of constituent universities of private universities and non-profit private universities fall under the authority of the university council, except where the charter of the organization and operation of private universities and non-profit private universities stipulates that recognition is decided by the investors' or owners' meeting of the university.

Article 9. Procedures for establishing, recognizing university councils; recognizing, dismissing, and relieving chairpersons and members of university councils

1. The procedures for establishing, recognizing university councils; recognizing, dismissing, and relieving chairpersons and members of public universities' councils shall be carried out in accordance with the provisions of Clause 13, Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and the provisions of Article 7 of this Decree.

2. The procedures for establishing, recognizing university councils; recognizing, dismissing, and relieving chairpersons of private universities and non-profit private universities shall be carried out in accordance with the provisions of Clause 13, Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and the provisions of Article 8 of this Decree.

Article 10. Recognition of higher education institutions oriented towards research

1. Higher education institutions oriented towards research closely integrate teaching with scientific research activities and meet the following criteria:

a) They have announced their orientation to develop into research-oriented higher education institutions in their mission, vision, and objectives; they have been recognized as meeting the quality assurance standards.

b) They have units engaged in basic scientific research and technology source development research; the proportion of fields currently offering master's and doctoral programs reaches 50% or more compared to the total number of fields offering degree programs; over the last three years, the average scale of enrollment in master's and doctoral programs has not been less than 20% of the total enrollment scale, and they have awarded an average of at least 20 doctoral degrees annually.

c) Over the last three years, the average revenue from scientific, technological, innovation, research, and transfer activities has not been lower than 15% of the total revenue of the higher education institution.

d) Over the last three years, the higher education institution has published an average of 100 articles or more annually, and the average publication rate per full-time faculty member annually is at least 0.3 articles in reputable international scientific journals. The Minister of Education and Training decides on the list of reputable scientific journals as the basis for recognizing this criterion.

e) The student-to-faculty ratio does not exceed 20; the proportion of full-time faculty members holding doctoral degrees is not less than 50% of the total number of full-time faculty members of the higher education institution; the proportion of faculty members holding professor and associate professor titles is not less than 20% of the total number of full-time faculty members holding doctoral degrees of the higher education institution.

f) Full-time faculty members and full-time management staff of public universities are recruited, employed, and managed according to the regulations on the number of employees and job positions in public service units.

Full-time faculty members and full-time management staff of private universities and non-profit private universities are employees under labor contracts with a term of three years or indefinite-term contracts in accordance with the Labor Code, are not civil servants or state officials, and are not working under labor contracts with other employers for a term of three months or longer; they are paid salaries and other benefits under the current regulations by the university.

2. Based on the criteria stipulated in Clause 1 of this Article and the goals, missions, and proposals of the higher education institution accompanied by evidence, the organization for quality assurance in higher education will assess, publish the list of higher education institutions that meet the research-oriented standard on its electronic information website; annually, it reviews and removes those institutions that no longer meet the standard from the list; and reports the results to the Ministry of Education and Training.

3. Higher education institutions oriented towards research are prioritized to undertake scientific and technological tasks.

Article 11. Branches of higher education institutions in Vietnam

1. Branches of higher education institutions in Vietnam shall be established and operate in accordance with Clause 15, Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law and the current Government regulations on investment conditions and activities in the field of education, and implement specific provisions as follows:

a) A branch of a higher education institution shall have a director, deputy director of the branch, and appropriate service units to meet the operational requirements of the branch; the organization and operation of the branch shall be specifically stipulated in the charter of the higher education institution;

b) The branch of a higher education institution shall perform tasks and powers as prescribed by the higher education institution.

2. Branches of foreign higher education institutions in Vietnam shall be established and operate in accordance with Clause 15, Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and implement specific provisions as follows:

a) Foreign higher education institutions establishing branches in Vietnam must be legally operating higher education institutions that ensure quality according to the regulations of their home country;

b) Have at least VND 500 billion in capital investment (excluding land usage costs); at the time of approval for establishment, the actual investment value must exceed VND 250 billion;

c) Meet other conditions for establishment, operation, and procedures, authorities as stipulated by Vietnamese laws on cooperation and foreign investment in the field of education, similar to foreign-invested higher education institutions in Vietnam;

d) Training programs at the branch must be programs with valid quality assurance certificates or approved by competent state management agencies according to the laws of the country where the foreign higher education institution operates, and regular education programs organized and implemented by the foreign higher education institution at the branch in accordance with Clause 3, Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law;

đ) Dissolution and suspension of educational activities of foreign higher education institution branches in Vietnam shall be carried out in accordance with current regulations on cooperation and foreign investment in the field of education, similar to foreign-invested higher education institutions in Vietnam.

Article 12. Organization of Quality Assurance for Higher Education

1. Conditions for establishment, permission to operate, suspension of operations, and dissolution of organizations for quality assurance of higher education in Vietnam shall be implemented in accordance with the Government's regulations on investment conditions and activities in the field of education.

2. Responsibilities and powers of organizations for quality assurance of higher education include:

a) Establish organizational structure and staffing; train, employ, and manage quality assurance officers; issue internal documents to organize and implement quality assurance activities in higher education as prescribed by the Minister of Education and Training;

b) Organize activities to assess and recognize higher education institutions and training programs at various levels of higher education that meet quality standards as required by the educational institution or authorized organizations, issue and revoke quality assurance certificates;

Assessment and recognition of quality standards for training programs and higher education institutions under the Ministry of Public Security and the Ministry of National Defense shall be carried out in accordance with the regulations of the Ministry of Education and Training after reaching consensus with the Ministry of Public Security and the Ministry of National Defense.

c) Publicize the quality assurance activity license, organizational and operational charter of the quality assurance organization, list of quality assurance councils, list of quality assurance officers, results of quality assurance activities on the electronic information website of the quality assurance organization;

d) Adhere to regulations on quality assessment standards, quality assurance processes, principles of operation, conditions, and standards for individuals and organizations engaged in quality assurance activities, supervision, and evaluation of quality assurance organizations;

đ) Submit reports to the Ministry of Education and Training within ten days from the date of issuance or revocation of quality assurance certificates for public disclosure on the Ministry of Education and Training's electronic information portal; provide quality assurance documentation upon written request of authorized agencies;

e) Annually, before December 31, submit reports on the results of quality assurance activities in the year, plans for implementation in the following year, and any recommendations or suggestions to the Ministry of Education and Training;

g) Fulfill other responsibilities and powers as prescribed by law.

3. Conditions and procedures for foreign quality assurance organizations to be recognized to operate in Vietnam shall be implemented in accordance with the Government's regulations on investment conditions and activities in the field of education.

Article 13. Autonomy and Accountability of Higher Education Institutions

Higher education institutions implement autonomy and accountability in accordance with the provisions of the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and the following regulations:

1. Academic and Professional Activity Autonomy

a) The right to issue and organize the implementation of internal regulations on admission, training, science and technology activities, domestic and international cooperation in compliance with the law;

b) Determine and publicly announce the methods and quotas for admission in accordance with the regulations of the Ministry of Education and Training, except for fields related to national defense and security which shall be implemented in accordance with the regulations of the direct management agency;

c) Decide on the organization and management methods for training at different levels and forms; develop, review, issue training programs in compliance with the National Qualification Framework of Vietnam, training program standards, ensuring that they do not harm national defense and security, public interest, distort history, adversely affect culture, ethics, social customs, ethnic unity in Vietnam, world peace and security, or contain religious propaganda; compile, select, review, approve, and use teaching materials and higher education textbooks (except mandatory subjects); organize the implementation, evaluate the quality of higher education training programs; design, print, distribute, and manage diplomas and certificates in compliance with the law;

d) Decide on distance learning and joint training at the university level through part-time study with domestic educational institutions meeting the legal requirements;

đ) Decide on scientific and technological activities in accordance with Article 16 of this Decree; decide on international cooperation activities as stipulated in Clauses 3, 5, and 6 of Article 44 of the Higher Education Law, in compliance with the law;

e) If meeting the conditions for exercising autonomy as stipulated in Clause 17, they have the right to independently establish training majors in accordance with Clause 18, and independently conduct joint training with foreign countries in accordance with Clause 30 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law;

Universities can independently make decisions to establish majors and conduct joint training with foreign countries for affiliated universities and training units within the university when meeting the conditions for establishing majors as stipulated in Clauses 1 and 2 of Article 33 and the conditions for joint training with foreign countries as stipulated in Article 45 of the Higher Education Law (amended and supplemented). Affiliated universities of universities can independently make decisions to establish majors and conduct joint training with foreign countries when meeting the conditions for establishing majors as stipulated in Clause 3 of Article 33 and the conditions for joint training with foreign countries as stipulated in Clause 5 of Article 45 of the Higher Education Law (amended and supplemented), in compliance with the charter of the university's organization and operation;

Higher education institutions that do not meet the conditions stipulated in Clause 17 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law shall implement the establishment of majors and joint training with foreign countries in accordance with the law;

g) Implement other academic and professional activity autonomy rights in compliance with the law;

2. Organizational Structure and Personnel Autonomy

a) Public higher education institutions exercise organizational structure and personnel autonomy in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and current regulations on the establishment, restructuring, and dissolution of public service organizations; on the number of employees and job positions in public service organizations; they have the right to autonomously organize their structures and personnel to fulfill their professional tasks but may not increase the number of salary-earning employees or the salary level (including both basic salary and allowances) from the state budget-funded salary fund;

b) Private higher education institutions, private higher education institutions operating without profit motive, exercise organizational structure and personnel autonomy in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law; they are responsible for publicly announcing their organizational structure and legal representatives on their school’s website;

c) All higher education institutions must issue and implement internal regulations on organizational structure and personnel; exercise other organizational structure and personnel autonomy rights in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and relevant laws;

d) The establishment of branch campuses of higher education institutions and the establishment of enterprises under higher education institutions shall be carried out in accordance with current legal regulations;

3. Financial and Asset Autonomy

a) Public higher education institutions exercise financial and asset autonomy in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and current regulations on the autonomous mechanism of public service organizations;

b) Private higher education institutions, private higher education institutions operating without profit motive, exercise financial and asset autonomy in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and other relevant legal regulations; they are supported by the State in development in accordance with the state budget's capacity and regulations on higher education development investment;

c) All higher education institutions must issue and implement internal regulations on finance and assets, and exercise other financial and asset autonomy rights in accordance with the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and other relevant laws;

4. Accountability

a) Higher education institutions shall fully comply with the regulations and requirements regarding periodic and ad hoc reporting systems of the owners and competent state management agencies; submit the internal regulations mentioned in point b, Clause 2, Article 16 of the Higher Education Law (as amended and supplemented) and the provisions and decisions mentioned in points a, d, and e, Clause 1 of this Article to the Ministry of Education and Training within thirty days from the date of issuance for the purpose of state management of higher education;

b) Shall be responsible before students, owners, competent state management agencies, and related parties for ensuring the quality of training in accordance with the law, internal regulations, and commitments of the higher education institution;

c) Publicize fully on the higher education institution's electronic information website the following contents: the mission and vision of the higher education institution; rules and internal regulations; faculty member lists by field, level, title, and other conditions ensuring training quality; accreditation results of training programs and higher education institutions; program output standards, training forms, and training organization plans; enrollment project and plan, annual admission and graduation lists by field, training level, scale, and employment rate of graduates within twelve months after graduation; sample diplomas and certificates, annual lists of diploma and certificate issuance to students; training costs, tuition fees, enrollment service charges, and other student charges for each academic year and the entire course; tuition fee exemption, reduction, and scholarship policies; other contents as prescribed by law;

d) Publicize enrollment quotas, decisions to open fields, and joint training decisions along with proof of compliance with the required conditions on the school's electronic information website at least thirty working days before implementation; submit notifications and decisions to the Ministry of Education and Training within thirty days from the notification or decision date;

e) Regularly update the school's database to the national higher education database system according to the Ministry of Education and Training's regulations; bear legal responsibility for issued documents, decisions, and autonomous activities implemented;

f) Implement financial reporting systems as prescribed and publicize them on the higher education institution's electronic information website, except for information classified as state secrets;

5. The autonomy rights and accountability of higher education institutions under the People's Armed Forces shall be carried out in accordance with the provisions of this Decree and relevant laws;

Article 14. Training levels for certain specialized and unique fields

1. The training level for certain specialized and unique fields is the level of individuals who have completed specialized and unique training programs as follows:

a) A program with a minimum credit load of 150 credits for those who have completed secondary school or equivalent, or a minimum credit load of 30 credits for those who have completed a bachelor’s degree;

b) A program with a minimum credit load of 90 credits for those with an equivalent level of Grade 7 according to Vietnam's National Qualification Framework;

2. Based on the entry requirements, minimum credit load, instructor standards, output standards, and other standards in the training program standards for various levels of higher education as prescribed by the Ministry of Education and Training, graduates of specialized and unique training programs will be classified into corresponding levels in Vietnam's National Qualification Framework.

Article 15. Higher Education Diplomas and Certificates

1. The system of higher education diplomas includes:

a) Bachelor's degree awarded to individuals who complete a bachelor’s program according to the law, meeting the national qualification framework level 6 requirements of Vietnam and specific, lawful regulations of the training institution;

b) Master's degree awarded to individuals who complete a master’s program according to the law, meeting the national qualification framework level 7 requirements of Vietnam and specific, lawful regulations of the training institution;

c) Doctorate degree awarded to individuals who complete a doctoral program according to the law, meeting the national qualification framework level 8 requirements of Vietnam and specific, lawful regulations of the training institution;

d) Equivalent diploma as defined in Clause 2 of this Article.

2. Diplomas for certain specialized fields within the higher education system include medical doctor, dental doctor, traditional medicine doctor, pharmacist, veterinary doctor, engineer, architect, and other diplomas specified by the Government under Article 14 of this Decree.

3. Certificates for certain specialized fields within the national education system are awarded to students who have completed training or advanced educational programs as prescribed by ministries or agencies equivalent to ministries, or to those who pass certificate examinations as stipulated in the national education system.

Article 16. Scientific and Technological Activities in Higher Education Institutions

1. Higher education institutions conduct scientific and technological activities in accordance with the Law on Science and Technology and Clause 24 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Higher Education Law.

2. The tasks and responsibilities of higher education institutions in scientific and technological activities include:

a) Implementing self-management and self-responsibility mechanisms in scientific and technological activities according to the law;

b) Issuing and implementing internal regulations on scientific and technological activities and entrepreneurship, innovation based on relevant laws concerning scientific and technological activities; creating conditions and encouraging organizations and individuals to invest in developing scientific and technological potential;

c) Establishing or contributing capital to establish enterprises according to the law on enterprises, related laws, and decisions of the school council or university council for the purpose of applying, implementing, commercializing research results, and providing public services;

d) Conducting scientific and technological activities according to the law.

Article 17. Transfer of Capital and Withdrawal of Investment in Higher Education Institutions

1. The transfer of ownership rights of contributed capital in private universities and non-profit private universities is specifically regulated in the charter of organization and operation, internal financial regulations of the higher education institution, consistent with the law, ensuring the stability and development of the higher education institution, and must comply with the following transfer principles:

a) Individuals wishing to transfer notify the conditions of transfer to the school council;

b) The school council notifies the conditions of transfer to remaining capital contributors and publicly to the school staff under the same conditions; the notification period must be at least thirty days from the date of notification;

c) The transfer shall be carried out in the following order: Among the capital contributors of the higher education institution in proportion to each contributor's share; to school staff if the capital contributors do not accept the transfer or do not accept all of it; to non-contributors and school staff if the school staff do not accept the transfer or do not accept all of it.

2. Withdrawal of contributed capital in private universities must follow the law, internal regulations of the higher education institution, and ensure the stability and development of the higher education institution.

3. Financial and asset handling in cases where higher education institutions are dissolved shall be implemented according to the law.

Article 18. Transitional Provisions

Public higher education institutions currently piloting new operational mechanisms according to Resolution No. 77/NQ-CP dated October 24, 2014 of the Government shall implement autonomy in organizational structure and personnel, finance and assets according to the Higher Education Law, the Law Amending and Supplementing Certain Provisions of the Higher Education Law, and this Decree. Autonomous projects approved by the Prime Minister shall be implemented until the Government issues a new Decree on establishment, restructuring, dissolution of public service units, number of employees and job positions in public service units; and financial autonomy mechanism of public service units.

Article 19. Effective Date

1. This Decree takes effect from February 15, 2020.

2. Repealed: Article 2, Clause 2 of Article 3, Article 6 of Decree No. 141/2013/NĐ-CP dated October 24, 2013 of the Government detailing and guiding implementation of certain provisions of the Higher Education Law; Decree No. 73/2015/NĐ-CP dated September 8, 2015 of the Government on standards for stratification, ranking framework, and ranking criteria for higher education institutions; Decision No. 70/2014/QĐ-TTg dated December 10, 2014 of the Prime Minister promulgating the Charter of Universities; Clause 4 of Article 7 of Decree No. 127/2018/NĐ-CP dated September 21, 2018 of the Government on state management responsibilities in education.

Article 20. Responsibility for Implementation

1. The Ministry of Education and Training shall direct the implementation of this Decree.

2. Ministers, heads of agencies equivalent to ministries, heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for enforcing this Decree./.