Decree No. 141/2013/ND-CP of October 24, 2013, detailing and guiding a number of articles of the Law on Higher Education

THE GOVERNMENT

Decree No. 141/2013/ND-CP of October 24, 2013, detailing and guiding a number of articles of the Law on Higher Education

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant the June 14, 2005 Education Law and the November 25, 2009 Law Amending and Supplementing a Number of Articles of the Education Law;

Pursuant to the June 18, 2012 Law on Higher Education;

At the proposal of the Minister of Education and Training,

The Government promulgates the Decree detailing and guiding a number of articles of the Law on Higher Education.

Article 1. Scope of regulation and subjects of application

1. This Decree details and guides a number of articles of the Law on Higher Education regarding entities subject to university or college charters; regional universities; higher education programs and forms of training; assets of and policies for private and foreign-invested non-profit higher education institutions; and policies for lecturers.

2. This Decree applies to colleges, universities, academies, regional universities and national universities; scientific research institutes licensed for doctoral training; other education institutions within the national education system; and organizations and individuals involved in higher education activities.

Article 2. University charter, college charter

1. The university charter promulgated by the Prime Minister applies to all universities, including also member universities of regional or national universities and academies licensed for bachelor, master or doctoral training.

2. The college charter promulgated by the Minister of Education and Training applies to all colleges.

Article 3. Regional universities

1. A regional university is a public higher education institution attached to the Ministry of Education and Training and functioning to provide training in multiple disciplines at different levels of higher education, and conduct scientific research and technology transfer to meet local, regional and national socio-economic development requirements.

2. The university board chairperson, director and deputy directors of a regional university are appointed and dismissed by the Minister of Education and Training.

Rectors and vice rectors of member higher education institutions and heads of units attached to a regional university are appointed and dismissed by the director of the regional university.

Article 4. Training programs and forms of training

1. College training programs are developed to be practice-oriented and applied to formal education and continuing education.

2. Bachelor training programs are developed to be research- and application-oriented and applied to formal education or continuing education.

3. Master training programs are developed to be research- or application-oriented and applied to formal education.

Research-oriented master training programs apply to full-time courses at higher education institutions.

Application-oriented master training programs apply to full-time or part-time courses at higher education institutions.

4. Doctoral training are developed to be research-oriented and applied to full-time training courses of formal education at higher education institutions. Postgraduate students shall devote all the prescribed time period to study and research activities, including at least one year of full-time training at higher education institutions.

Article 5. Assets and asset value of private higher education institutions

1. Assets under indivisible common ownership by integration of a private higher education institution include:

a/ Assets accumulated from the deductions at least 25% of the difference between revenues from and expenses for annual training and scientific research activities of the higher education institution;

b/ The value of assets formed from profits accumulated in the course of operation of the higher education institution;

c/ The value of assets which are invested or allocated or of which the use rights are assigned by the State;

d/ The value of assets financed or donated;

dd/ The value of assets transferred from people-founded higher education institutions (if any).

2. Assets under indivisible common ownership by integration may be used only for education activities to expand the scope and raise the quality of training and scientific research activities, build physical foundations, procure equipment, train and retrain lecturers, civil servants and education administrators, serve learners’ study and day-to-day activities, for charitable purposes, or to perform social responsibility. Assets which are invested in, allocated to, or of which the use rights are assigned by the State to private higher education institutions must be properly used and managed in accordance with the Law on the State Budget.