Can Branches of Universities Exercise Independent Rights and Functions?
Can university campus branches exercise independent rights and functions?
Pursuant to Clause 15 Article 1 of the amended Higher Education Law of 2018:
Article 21. Branches of higher education institutions
- Branches of higher education institutions in Vietnam are regulated as follows:
a) Branches of higher education institutions in Vietnam are part of the organizational structure of higher education institutions, do not have legal personality, and are established in provinces or cities directly under the central government different from the headquarters of the higher education institution, in alignment with the planning of the higher education network;
b) Branches of higher education institutions in Vietnam perform part of the functions, duties, and powers of the higher education institution under the direction and management of the rector of the higher education institution; they report to the provincial People’s Committee where the branch is located concerning activities related to the authority of local management;
c) The organizational structure and activities of branches of higher education institutions in Vietnam shall be implemented according to the regulations on the organization and activities of the higher education institution.
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Thus, according to current regulations, university campus branches do not have legal personality and therefore cannot operate independently; they can only perform part of the rights, functions, and duties of the educational institution.
What institutions comprise higher education institutions?
Pursuant to Clause 4 Article 1 of the amended Higher Education Law of 2018, higher education institutions are defined as follows:
- Higher education institutions within the national education system include:
a) Universities, academies;
b) Regional universities, national universities (collectively referred to as universities);
c) Scientific research institutes authorized to offer doctoral-level education.
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