Are members of the supervisory board allowed to concurrently hold the position of Chairman of the Union in private general education schools in Vietnam?

Are members of the supervisory board allowed to concurrently hold the position of Chairman of the Union in private general education schools in Vietnam?

Based on Point b, Clause 2, Article 7 of the Regulations issued in conjunction with Circular 40/2021/TT-BGDDT:

School Board

1. The school board of a private general education school is the school management organization, representing the rights of the investors and related stakeholders, responsible for organizing the implementation of the investor's decisions.

2. Composition of the school board

a) The composition of the school board of a private general education school includes representatives of the investors, members inside and outside the school elected and decided by the investor meeting based on shareholding ratios.

b) The composition of the school board of a non-profit private general education school includes investor representatives elected and decided by the investors based on shareholding ratios; members inside and outside the school. Members inside the school naturally include the party secretary, principal, union president, secretary of the Ho Chi Minh Communist Youth Union; elected members are representatives of teachers and staff elected by the delegate conference or entire school meeting. Members outside the school consist of leaders, managers, educators, entrepreneurs, and alumni elected by the delegate conference or entire school meeting.

Furthermore, based on Clause 2, Article 8 of the Regulations issued together with Circular 40/2021/TT-BGDDT:

Supervisory Board

1. The supervisory board of a private general education school is elected by the investor meeting or the owner. The supervisory board consists of a head and its members. The number of members ranges from 03 to 05 people, including representatives from investors, teachers, staff, and student parents. The supervisory board must have at least one member with expertise in accounting.

2. Members of the supervisory board cannot simultaneously be members of the school board, the principal, chief accountant, nor can they be parents, spouses, or children of members of the school board, principal, or chief accountant of the school.

Therefore, based on the above regulations, members of the supervisory board cannot simultaneously be members of the school board. And since the composition of the school board of a private general education school includes the union president, this means members of the supervisory board cannot concurrently be the union president in a private general education school.

Are members of the supervisory board allowed to concurrently hold the position of Chairman of the Union in private general education schools in Vietnam?​ (Image from the Internet)

Can the principal of a private general education school in Vietnam sign labor contracts with teachers?

Based on Clause 1, Article 9 of the Regulations issued along with Circular 40/2021/TT-BGDDT:

Principal, Vice Principal

1. Principal

...

d) Duties and authority of the principal

- Develop the school's development strategy; the school's organizational and operational regulations; the school's annual education plan to submit to the school board for approval and organize the implementation;

- Organize the implementation of teaching activities and other activities of the school according to the law, ensuring quality and compliance with the plans approved by the school board to achieve the school's development goals;

- Organize the implementation of resolutions passed by the school board; organize and manage professional activities, ensuring the quality of education and operations within the scope of assigned duties and authority;

- Sign labor contracts with teachers and staff when authorized by the investor meeting or owner; appoint and dismiss group leaders and deputy leaders, reward and discipline teachers, staff, and students in accordance with the law after the school board's approval;

...

Therefore, if authorized by the investor meeting or owner, the principal has the authority to sign labor contracts with teachers according to the regulations.

What are regulations on current financial resources and expenditure content in private general education schools in Vietnam?

Based on Clause 2, Article 16 of the Regulations issued together with Circular 40/2021/TT-BGDDT, the financial resources of a private general education school include:

- Contributions from organizations and individuals who established the school and other legitimate sources of mobilization;

- Tuition revenues as provided by the Education Law and legal regulations;

- Interest from deposits at banks, the State Treasury, and other credit institutions;

- Investments, sponsorships, aid, support, donations, and gifts from domestic and foreign organizations and individuals as per regulations;

- Loans from banks, credit institutions, and individuals;

- Budget support when fulfilling tasks assigned by the State;

- Other legitimate revenues.

Expenditure contents of a private general education school include:

- Salaries, salary allowances, wages, bonuses, and contributions to social insurance, health insurance, unemployment insurance for employees; operational costs for professional activities, and professional development and training for the school's teachers, staff, and employees;

- Administrative management;

- Investment, construction, and repair of facilities; payment for rent of facilities (if applicable); purchase of materials, equipment, and teaching aids;

- Depreciation of fixed assets;

- Payment of interest on loans and capital contributions;

- Fulfillment of tax obligations to state agencies;

- Collective welfare spending, rewards; humanitarian and charitable activities;

- Other expenditures in accordance with legal regulations and the school's financial regulations approved by investors, not contrary to legal provisions.