What is the legal status of colleges in Vietnam?

What is the legal status of colleges in Vietnam?

Based on Article 3 of Circular 15/2021/TT-BLĐTBXH, the legal status of a college is as follows:

- The college has judicial personality, its own seal, and its own account.

- The college is a vocational education institution, with autonomy and accountability as prescribed by law.

- The college operates in compliance with laws on vocational education, education laws, Circular 15/2021/TT-BLDTBXH, and other relevant laws.

What is the legal status of colleges in Vietnam?(Image from Internet)

What are types of organizational forms of colleges in Vietnam?

According to Article 5 of Circular 15/2021/TT-BLĐTBXH, the types of colleges are stipulated as follows:

Types of Colleges

1. Colleges in this Circular are organized into the following types:

a) Public colleges;

b) Private colleges;

c) Foreign-invested colleges.

2. The governing bodies of public colleges include:

a) Ministries, ministerial-level agencies, government agencies, central agencies of socio-political organizations;

b) Units under ministries, ministerial-level agencies, government agencies, central agencies of socio-political organizations;

c) People's Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People's Committees).

Thus, there are 03 types of colleges, specifically:

- Public colleges;

- Private colleges;

- Foreign-invested colleges.

What are regulations on the organizational and operational regulation of a college in Vietnam?

According to Article 7 of Circular 15/2021/TT-BLĐTBXH, the regulations on the organization and operation of a college are as follows:

- The organizational and operational regulation of a college is issued by the principal based on the resolution of the school council for public colleges or the resolution of the board of directors for private colleges, concretizing the provisions of Circular 15/2021/TT-BLDTBXH, fitting the specific characteristics of the school, and not against relevant laws.

Colleges under the People's Armed Forces shall apply the provisions of Clause 1 Article 7 of Circular 15/2021/TT-BLDTBXH and regulations for units under the People's Armed Forces.

- The organizational and operational regulation of a college shall include the following primary contents:

+ Name of the college, abbreviation (if any);

+ Mission;

+ Goals;

+ Duties and powers of the college;

+ Organization of training activities, scientific research, technology and production services, international cooperation;

+ Duties and rights of educators, management staff, public employees, and employees;

+ Duties and rights of learners;

+ Organization and management of the college;

+ Finance and assets;

+ Relationship between the college and enterprises, vocational education institutions, educational institutions, students' families and society;

+ Inspection, examination, commendation, and handling of violations.

- The organizational and operational regulation of a college must be publicly announced throughout the school after issuance.

- The principal of the college shall issue the revised and supplemented organizational and operational regulation of the school according to the provisions of Clauses 1, 2, and 3 of Article 7 of Circular 15/2021/TT-BLDTBXH.

What are the duties of a college in Vietnam?

According to Clause 1 of Article 8 of Circular 15/2021/TT-BLDTBXH, the college performs tasks as prescribed in Article 23 of the Vocational Education Law 2014, relevant legal regulations, and the following provisions:

- Organize the implementation of college-level, intermediate-level, primary-level, and regular training programs as prescribed by the Minister of Labor, Invalids, and Social Affairs;

- Organize the compilation, construction, selection, approval of training programs, textbooks, and materials for each discipline and profession of the college according to the regulations of the Minister of Labor, Invalids, and Social Affairs;

- Develop enrollment plans and organize recruitment according to the regulations of the Minister of Labor, Invalids, and Social Affairs;

- Organize training activities; conduct examinations, consider graduation recognition; print, manage, and issue college diplomas, intermediate-level diplomas, primary-level certificates, and training certificates according to the regulations of the Minister of Labor, Invalids, and Social Affairs. Organize practical training in health sciences and special vocational programs as prescribed by the Government of Vietnam;

- Manage learners, organize physical training, sports, cultural, artistic activities, and other comprehensive educational activities for learners according to the regulations of the Minister of Labor, Invalids, and Social Affairs;

- Provide career counseling, vocational orientation, and employment counseling for learners and organize activities to support students’ entrepreneurship according to the law;

- Implement supportive policies for primary-level training, less than 03 months training for rural employees, female employees, people with disabilities, and other policies as prescribed by law;

- Recruit, use, and manage the teaching staff, management officials, public employees, and human resources of the college in sufficient quantities, appropriate to disciplines, scale, and training levels according to the law;

- Send or organize training, and professional development for the teaching staff, management officials, public employees, and employees of the college to enhance their professional qualifications as per the law;

- Coordinate with enterprises, organizations, individuals, and learners' families in vocational education and career counseling, vocational orientation; organize visits and internships for teaching staff and learners at enterprises, and support employment for learners as prescribed by law;

- Cooperate with secondary schools, upper secondary schools, vocational education centers – continuing education centers, and continuing education centers to propagate, orientate and stream students into vocational education levels;

- Perform scientific and technological tasks in vocational education, apply scientific research results and transfer new technologies to serve the socio-economic development of ministries, central authorities, and local authorities;

- Implement democracy and transparency as prescribed by law in the performance of training tasks, scientific and technological tasks, apply scientific research results and technology transfer in teaching practices, career counseling, and career orientation for learners. Establish a mechanism for learners to participate in evaluating training activities; teaching staff to participate in evaluating management officials, public employees, and employees of the college;

- Manage and use land, facilities, equipment and finance, and assets of the college as per the law;

- Provide data on the organization of vocational education activities of the college to build a vocational education database; implement policy reporting regularly and irregularly as prescribed;

- Perform other tasks as prescribed by law.