Vietnam: What are the duties and powers of the school council of a private university?

What are the duties and powers of the school council of a private university in Vietnam?

Under Clause 2, Article 17 of the Law on Higher Education 2012, amended by Clause 12, Article 1 of the Law on Amendments to Law on Higher Education 2018, the school council of a private university in Vietnam, including non-profit private universities, has the following duties and powers:

- Decide the development strategies, development plans, annual plans of the university; orientation to develop the university into a parent university or merge the university into another;

- Issue the university’s internal rules and regulations, finance regulations and grassroots democracy regulations in accordance with this Law and relevant laws;

- Decide plans for enrolment, offering new programs, training, cooperation in education, scientific activities, international cooperation; policies on higher education quality assurance, cooperation between the universities and enterprises and employers;

- Decide the organizational structure, personnel structure, establishment, merger, division, dissolution of the university’s units; prepare a list of work positions, standards and working conditions thereof; issue regulations on recruitment, employment and management of lecturers and other employees in accordance with law;

- Decide and propose recognition or dismissal of the principal; designation and dismissal vice-principal on the basis of the principal’s request; other managerial positions shall be specified in the university’s internal rules and regulations; organize annual performance assessment by the school council president or the principal; have mid-tenure or irregular vote on confidence in the school council president or principal according to the university’s internal rules and regulations;

- Decide policies on attracting investments in the universities; tuition fees and assistance for students; approve financial plans; approve annual financial statements and statements of lawful sources of income of the university;

- Decide investment guidelines and use of valuable assets under the management of the university in accordance with its internal rules and regulations; decide salaries, bonuses and other benefits of holders of managerial positions (hereinafter referred to as “managers”) according to their performance, and other issues under the university’s internal rules and regulations;

- Supervise the implementation of decisions issued by the school council, adherence to law, implementation of democracy regulations during the university’s operation and the principal’s accountability; supervise the management and use of funds and assets of the university; submit annual reports on supervision results to the school assembly.

- Adhere to law; take responsibility before the law and to competent authorities and relevant parties for decisions made by the school council; ensure transparency and availability of information and reports; facilitate inspections by competent authorities; assume accountability within the scope responsibility and power of the school council; facilitate supervision by the society, organizations and individuals within the university;

- Other responsibilities and entitlements specified in the university’s internal rules and regulations.

- Directly designate and dismiss the university’s principal in accordance with its internal rules and regulations.

What are the duties and powers of the school council of a private university in Vietnam? (Image from the Internet)

Who are the members of the school council of a private university in Vietnam?

Under Clause 3, Article 17 of the Law on Higher Education 2012, amended by Clause 12, Article 1 of the Law on Amendments to Law on Higher Education 2018:

School councils of for-profit or non-profit private universities

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3. The number of members of the school council of a for-profit or non-profit private university shall be an odd number and:

a) the school council of a private university consists of the investors, internal and external members elected by the general assembly of investors according to their holdings;

b) the school council of a non-profit private university consists of representatives of investors elected by the investors according to their holdings; internal and external members.

Internal members include inherent members and members elected by the school assembly. Inherent members include the secretary, the principal, union president and representative of the steering board of Communist Youth Union of Ho Chi Minh City that are students of the university. Elected members include representatives of lecturers and employees of the university.

External members are elected by the school assembly, including political leaders, managers, education experts, culture researchers, scientists, business peoples, former students, representatives of employers.

Thus, the members of the school council of a private university in Vietnam include:

- Representatives of investors, internal and external members elected by the general assembly of investors according to their holdings for the school council of a private university in Vietnam;

- Representatives of investors elected by the investors according to their holdings; internal and external members; members internal and external the non-profit private university for the school council of a non-profit private university.

What is the fine imposed on universities failing to establish a school council in Vietnam?

Pursuant to Clause 4, Article 7 of Decree 04/2021/ND-CP:

Violations against regulations on organization and management of educational institutions

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4. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to establish a school council of a higher education institution in accordance with current law.

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At point b, clause 3, Article 3 of Decree 04/2021/ND-CP, the fines in the education sector are stipulated as follows:

Penalties and fines

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3. Fines:

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b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Points a, b, c, d, e Clause 3 Article 14, Point b Clause 3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree which shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.

Thus, universities failing to establish a school council will be fined from VND 40,000,000 to VND 60,000,000.