Conditions for connecting universities to establish a parent university in Vietnam

Conditions for connecting universities to establish a parent university in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for connecting universities to establish a parent university in Vietnam

According to Clause 1, Article 5 of Decree 99/2019/ND-CP, the conditions for connecting universities to establish a parent university:

- The parent university is formed by at least 3 public or private universities or the non-profit private parent university is formed by at least 3 private universities and non-profit private universities;

- The constituent universities develop a draft of regulations on organization and operation of the university network, including the common objectives and missions; regulations on organization, finance and property; and other contents (if any);

-  If the constituent universities are public universities, the establishment must be approved by the supervisory authority of each university; if the constituent universities are private universities and/or non-profit private universities, the establishment must be approved by investors owning at least 75% of total contributed capital of each university.

2. Application for establishment of a parent university in Vietnam

According to Clause 2, Article 5 of Decree 99/2019/ND-CP, an application for establishment of a parent university includes:

- An application for and agreement on establishment of the parent university from constituent universities;

- Resolutions on joining the parent university from councils of the constituent universities;

- A scheme for establishment of the parent university, which comprises the necessity of such establishment, change to objectives and missions of constituent universities; draft of regulations on organization and operation of the parent university; and solutions to risks upon such establishment (if any).

3. Procedures for handling of the application for establishment of a parent university in Vietnam

According to Clause 3, Article 5 of Decree 99/2019/ND-CP, the procedures for handling of the application:

- A university representing all constituent universities shall send 01 application in person or by post together with the electronic file to the Ministry of Education and Training or via the public services portal of the Ministry of Education and Training;

- Within 45 working days from the date of receipt of an adequate application, the Ministry of Education and Training shall take charge and cooperate with other relevant Ministries and regulatory bodies in appraising the application and submitting it to the Prime Minister for decision;

- If the application is inadequate, within 10 working days from the date of its receipt, the Ministry of Education and Training shall provide a written notice and explanation to the constituent universities.

4. Autonomy and accountability of higher education institutions in Vietnam

Autonomy and accountability of higher education institutions under Article 32 of the Law on Higher Education 2012 (amended 2018) are as follows:

- Higher education institutions shall have autonomy and accountability as prescribed by law. Organizations and individuals shall respect and protect autonomy of higher education institutions.

- In order to have autonomy, a higher education institution shall:

+ Have a school council; has certification of quality issued by a lawful training quality assessment organization;

+ Has issued and implemented its internal rules and regulations; finance regulations; other internal regulations and procedures; has policies on quality assurance and fulfillment of standards prescribed by the State;

+ Assign specific autonomy and accountability to every unit and individual in the higher education institution;

+ Publish the conditions for quality assurance; inspection result; ratio of graduated and employed students as prescribed by law.

- Academic autonomy and professional autonomy include promulgating and organizing implementation of quality policies and standards, offering new programs, enrolment, training, scientific activities, domestic and international cooperation in accordance with law.

- Autonomy over organization and personnel include promulgating and organizing implementation of internal rules and regulations on organizational structure, personnel, list, standards and benefits of each position; employing and dismissing lecturers and other employees, deciding executive and managerial personnel in the higher education institution in accordance with law.

- Financial autonomy include promulgating and organizing implementation of internal rules and regulations on sources of income, management and use of assets and sources of income; attracting investment; tuition fees and scholarships, and other policies in accordance with law.

- Accountability of a higher education institution to its owner, students, the public, competent authorities and relevant parties include:

+ Providing description of implementation of quality policies and standards, promulgation and implementation of its regulations; responsibility for failure to adhere to regulation or commitment to quality;

+ Publishing of annual reports on performance indicators on its website; submit periodic and irregular reports to the owners and competent authorities;

+ Providing explanation for salaries, bonuses and other benefits of managers of the higher education institution for the general assembly of employees; have annual financial statements, investment and purchases audited, provide explanation for operation of the higher education institution for its owner and competent authorities;

+ Publishing of annual financial statements and other contents on its website in accordance with regulations of the Ministry of Education and Training;

+ Other contents prescribed by law

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