The Chairperson of the Board of Directors may concurrently hold the Principal position of a private school in Vietnam

On March 28, 2011, the Ministry of Education and Training issued Circular 13/2011/TT-BGDDT on issuance of the regulation on organization and operation of private primary schools, lower secondary schools, upper secondary schools and combined secondary schools in Vietnam.

The Chairperson of the Board of Directors may concurrently hold the Principal position of a private school in Vietnam

The Chairperson of the Board of Directors may concurrently hold the Principal position of a private school in Vietnam (Internet image)

Article 10 of Circular 13/2011/TT-BGDDT stipulates the Chairperson of the Board of Directors of a private school in Vietnam as follows:

1. The Chairperson of the Board of Directors is the head of the Board of Directors, elected by the Board of Directors by secret ballot and recognized by the competent authority.

2. The Chairperson of the Board of Directors must acquire at least qualifications equivalent to the standard qualifications meeting by the teachers corresponding to each level.

3. The Chairperson of the Board of Directors may concurrently hold the Principal position if he/she meets all requirements pertaining to the Principal position as prescribed in Clause 1 Article 13 of the Regulation issued together with Circular 13/2011/TT-BGDDT.

4. The Chairperson of the Board of Directors has following duties and rights:

- Direct and manage the operation of the Board of Directors; convene the meetings of the Board of Directors; take primary responsibility for the resolutions of the Board of Directors, observe the implementation of the resolutions of the Board of Director; and chair the General meetings of contributing partners.

- Take responsibility for all activities of the school and control the administration of the Principal to the superior authority;

- Conclude labor contracts with the Principal and the Deputy Principal after they are recognized by the competent agency.

- Administrate the organizational structure and use the seal of the school within the competence of the Board of Directors and signs documents and decisions of the Board of Directors.

- Exercise other rights and fulfill other obligations as prescribed in the Regulation on organization and operation of the school.

5. If the Chairperson of the Board of Directors has been absent for at least 3 months, he/she must make a written authorization to the Vice Chairperson of the Board of Directors (if any) or a member of the Board of Directors to exercise his/her rights and fulfill his/her duties. The authorization must be made in writing, announced, and reported to the superior authority. The term of authorization may not exceed 6 months and two-consecutive authorizations are not applied.

If the Chairperson of the Board of Directors is discharged or dismissed, the competent agency recognizing the Chairperson shall convene the meeting of the Board of Director to elect one of the members as the Acting The Chairperson of the Board of Directors. The election and recognition of the Acting The Chairperson of the Board of Directors shall be carried according to the rules for election of the Chairperson. The term of office of the Acting The Chairperson of the Board of Directors may not exceed 6 months from the date on which decision on recognition is made and a person may not hold the Acting President position for two consecutive times.

More details can be found in Circular 13/2011/TT-BGDDT, which comes into force from May 15, 2011.

Thuy Tram

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