This is a notable content in Circular 39/2012/TT-BGDDT issued by the Ministry of Education and Training of Vietnam, promulgating the regulations on the organization and operation of private intermediate professional schools, issued on November 5, 2012.
The Board of Directors of private intermediate schools in Vietnam consists of 3 to 11 members (Illustrative photo)
Specifically, according to Article 9 of the Regulation issued together with Circular 39/2012/TT-BGDDT governing the Board of Directors of private intermediate schools, the Board represents the sole ownership rights of the private vocational school; is responsible for organizing and implementing the resolutions of the General Meeting of Shareholders and has the authority to decide on issues regarding organization, personnel, finance, assets, planning, and investment development directions of the school in compliance with the law.
The Board of Directors is elected by the school's General Meeting of Shareholders and recognized by the Director of the Department of Education and Training where the school is headquartered. The Board of Directors consists of 3 to 11 members, including: the Chairman of the Board; Vice Chairman of the Board (if necessary) and members. The Board of Directors must have at least 2/3 of its members with a university degree or higher. Members of the Board of Directors of private intermediate schools must represent organizations or individuals playing a significant role in the operation of the school or holding a substantial number of shares as prescribed in the school's Organizational and Operational Regulations.
Note: The term of the Board of Directors is 5 years from the date of recognition by the competent authority.
The addition or change of members of the Board of Directors must be approved by the General Meeting of Shareholders through a secret ballot. In case the number of members of the Board of Directors is reduced by more than one-third compared to the quantity stipulated in the school's Organizational and Operational Regulations, the Chairman of the Board must convene a meeting of the General Meeting of Shareholders within no more than 60 days from the date the number of members of the Board of Directors is reduced beyond the stipulation to elect additional members for the Board of Directors.
Additionally, this Regulation also stipulates that the Board of Directors of private intermediate schools carries out the duties and exercises the powers prescribed in the Charter of vocational schools and the following duties and powers:
- Formulate the Organizational and Operational Regulations of the school for approval by the General Meeting of Shareholders;
- Develop and prescribe policies, standards, and financial income and expenditure norms of the school in accordance with the law and financial management policies;
- Implement the resolutions of the General Meeting of Shareholders. Mobilize investment capital for school construction, approve annual budget estimates and finalization presented by the school principal, supervise the management and use of the school’s finances and assets;
- Elect the school principal and submit to the Director of the Department of Education and Training for principal recognition;
- Approve organizational structures, staffing, and matters related to the school's personnel proposed by the school principal;
- Decide on the fundamental principles for resolving issues related to training, scientific research, technology development, infrastructure construction, and the school's external affairs;
- Supervise the school principal’s compliance with laws, regulations, and the resolutions of the Board of Directors.
More details can be found at Circular 39/2012/TT-BGDDT, which comes into effect in Vietnam from December 20, 2012.
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