Quyết định 07/2009/QD-TTg

DECISION

PROMULGATING THE CONDITIONS AND PROCEDURES FOR ESTABLISHMENT, OPERATION SUSPENSION, MERGER, DIVISION, SEPARATION AND DISSOLUTION OF UNIVERSITIES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Law on Education;
Pursuant to the Government's Decree No. 75/ 2006/ND-CP of August 2, 2006, detailing and guiding the implementation of a number of articles of the Law on Education;
Pursuant to the November 29, 2005 Law on Investment;
Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Law on Investment;
At the proposal of the Minister of Education and Training,

DECIDES:

Article 1. Scope of regulation and subjects of application

1. This document provides for the conditions and procedures for establishment, operation suspension, merger, division, separation and dissolution of universities.

2. This document applies to graduate schools, universities, academies (below collectively referred to as universities), organizations and individuals involved in the establishment of universities.

3. The procedures for establishment, operation suspension, merger, division, separation and dissolution of universities invested in by foreign organizations or individuals comply with the provisions of this document.

4. The establishment of universities on the basis of upgrading colleges in operation also complies with the provisions of this document.

Article 2. Conditions for establishment of universities

The establishment of a university must satisfy the following conditions:

1. Being in line with the university network planning already approved by the Prime Minister in Decision No. 121/2()07/QD-TTg of July 27. 2007.

2. Having a university establishment project, which clearly defines the objectives, contents, programs, disciplines, training scale, organizational structure, management, land area, construction capital sources, and development investment plan and roadmap and ensures compliance with the requirements of training high-qualification human resources and achievement of local and national socioeconomic development objectives.

3. The establishment of a university must be approved in writing and granted an investment certificate for the private university-founding project by the People's Committee of the province or centrally run city (referred to as the provincial-level People's Committee) where such university is based.

4. Having a contingent of lecturers and administrators, which is sufficient in quantity, synchronous in structure, suitable to training disciplines, meets the quality and training qualification standards, ensures to fulfill the educational programs and objectives; meets the current requirements set by the Ministry of Education and Training: not more than 10 students/lecturer, for disciplines requiring talented trainees; 15 students/lecturer, for scientific, technical and technological training disciplines; 25 students/lecturer, for social-science and humanities and economic-business administration training disciplines.

5. A university should cover a total land area of at least 5 ha. achieving the minimum average of 25 m²/student at the time of peak training in the initial 10 year- period after its establishment; and have material foundations and equipment meeting the its operation requirements.

The school location must ensure the educational environment and safety for trainees, lecturers and laborers in the school.

6. The charter capital used exclusively for the construction of a university, excluding the land value, must be at least VND 50 billion contributed from various lawful capital sources.

Article 3. University-establishing order and procedures

1. The establishment of a university is subject to decision by the Prime Minister. A university establishment project will be implemented in 2 steps:

Step 1: The Ministry of Education and Training receives an investment project on university-establishment, examines the conditions and submits it to the Prime Minister for consideration and approval of investment in the university establishment.

Step 2: The Ministry of Education and Training assumes the prime responsibility for, and coordinates with the Ministries of Planning and Investment; Finance; and Home Affairs and concerned agencies in, appraising the investment project on university establishment and the conditions defined in this Decision, submit it to the Prime Minister for university establishment decision.

2. Dossiers of application for approval of investment in university establishment:

A dossier of application for approval of investment in university establishment comprises:

a/ The written application for university establishment, made by the managing agency (for a public university); an organization or individual (for a private university), which clearly states the university name in Vietnamese and English. The university name must be linked to the name of the locality where it is based or to its training disciplines or a cultural or historic personality;

b/ The provincial-level People's Committee's written approval of the establishment of the university in the province or centrally run city, which must clearly state the necessity and conformity of the university establishment with the local socio-economic development planning; the projected location, construction land and the locality's capability to coordinate in. and create conditions for, the university construction and development;

c/ The university-establishment investment project, which satisfies the qualitative requirements on content and form. The project must point to the necessity to establish the university; its conformity with the university network planning and the local socio-economic development master plan; the objectives, tasks and implementation solutions: the training disciplines and scale, and enrolment in each period; the projected structure of organizational, managerial and executive apparatuses; the quantity and qualifications of lecturers and administrators; land, charter capital and draft regulations on university organization and operation; school construction and development planning and plan in each period.

The project should clearly state the total capital amount for implementation of plans and training and scientific research activities for the first 3 years after the establishment and subsequent years, clearly explaining the feasibility and lawfulness of investment capital sources for school construction and development in each period.

d/ The legal document certifying the land use rights or the provincial-level People's Committee's written commitment to assign land for school construction, clearly stating the location and boundaries of the land plot;

e/ The draft overall plan of the ground area and preliminary designs of architectural works to be constructed in the school construction land area, conformable to the training scale and the land use norms applicable to learning and teaching activities;

f/ A competent agency's written certification of the financial capability and material-technical foundations of school investors (for a private university) or the competent finance agency's explanation about the financial capability for investment in school construction (for a public university);

g/ For the establishment of a private university, such a dossier must comprise the following documents made according to forms set by the Ministry of Education and Training:

- A list of founding members;

- The minutes on naming a person among capital contributors to establish the university;

- Written commitments of individuals and organizations to contribute capital for school construction and the consent of the person named to establish the university:

- A list of shareholders committing to contribute to the university's charter capital:

- A list of shareholders committing to contribute capital.

3. The Ministry of Education and Training shall receive the university establishment investment project, appraise and compare it with the prescribed conditions and submit it to the Prime Minister for consideration and approval of investment in the university establishment.

When necessary, the Ministry of Education and Training may organize meetings with the project investor to clarify the project details. The appraisal time limit is 30 working days after the receipt of the dossier of the investment project and the Ministry of Education and Training shall notify the results of dossier appraisal to the project investor applying for the university establishment.

4. Provincial-level People's Committees shall consider and grant investment certificates under regulations to investment projects on establishment of private universities in their localities after obtaining the Prime Minister's written approval of investment in the university establishment. The provincial-level People's Committees' investment certificates should be sent to the Ministry of Education and Training, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Natural Resources and Environment and the State Bank of Vietnam.

Provincial-level People's Committees shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training in. deciding on the establishment of project management units for private university-establishment investment projects in which investment has been approved by the Prime Minister and which have been granted investment certificates; prepare necessary conditions and submit dossiers proposing the Prime Minister to consider and issue university establishment decisions.

5. A dossier proposing the Prime Minister to issue a university establishment decision comprises:

a/ The Prime Minister's written approval of investment;

b/ The investment certificate, for the establishment of a private university, and the provincial-level People's Committee's written approval of land allocation for school construction, clearly identifying the area, boundaries and location of the land plot, or legal documents on the rights to use the land plot for school construction;

c/ The written detailed report on the implementation of the university- establishment investment project of the managing agency (for a public university) or of the project management Unit (for a private university) and the opinions of the provincial-level People's Committee of the locality where the university is based. The report should clarify specific jobs already completed or being carried on, regarding the school construction land, the quantity and prepared conditions of classrooms, working offices, laboratories, libraries; equipment; practicing quarters, dormitories, sport areas and other facilities already constructed on the land plot; material foundations and equipment in service of training; the contingent of cadres and lecturers, the apparatus organization, the contingent of administrators and lecturers; funds prepared for the university's operation, which are conformable to the project contents and implementation, the approved investment license and the remaining jobs to be done in each period of school development;

d/ The school construction planning and general design already approved by the managing agency, for a public university, or by the provincial-level People's Committee, for a private university;

e/ A list and written participation commitments of expected holders of key leading titles in the university such as the principal, vice principals, faculty directors, heads of bureaus, boards or disciplines;

f/ The tentative training programs, syllabuses and documents in service of lecturing, which are suitable to training disciplines. The training programs must be formulated on the basis of framework programs promulgated by the Ministry of Education and Training; a list of available basic equipment and facilities;

g/ A list of administrators and lecturers on the payroll and guest lecturers of the university, which clearly states each person "s professional qualifications suitable to the school's training disciplines and enrollment in each period, particularly the period of initial operations after the issuance of the university establishment decision and clarifies plans and solutions to develop the contingent of lecturers in subsequent periods;

h/ The quantitative lists of classrooms, working offices and material foundations in service of learning, teaching, experiment, practicing, libraries, dormitories...;

i/ Legal documents certifying the current money amounts being managed by the project management unit, ensuring their lawfulness and committed use for investment in the school construction and for regular activities of the university after its establishment, enclosed with clear explanations about the total fund, the invested capital amounts; plans for further capital raising and allocations to maintain the university's stable operations in 5 years after its first enrolment.

For capital contributed by many members, the documents thereon should be accompanied with their written commitments evidencing its full legality and the record on the university-founding board's agreement on the capital contribution, clearly stating the university's name and address, capital contributors' names and addresses; types and quantity of assets contributed as capital; the total value of assets contributed as capital and its proportion to the university's charter capital; date of handover and receipt; signatures of capital contributors and the person nominated by capital contributors to act as at-law representative applying for the establishment of the university. The contributed capital must be deposited into accounts of the School Construction Project Management Unit.

For assets contributed as capital, they must be accurately valuated according to regulations. The valuation must be made by a competent agency and agreed upon by all capital contributors. The capital contribution shall be recognized only when the lawful ownership of the contributed capital has been handed over to the School Construction Project Management Unit.

For land and houses contributed as capital, they must be accompanied with lawful certificates and the procedures for transfer of the rights to use such land or to own such houses to the university must be carried out according to regulations before the university is officially permitted by the Ministry of Education and Training to open training discipline codes and to enroll students.

j/ The draft Regulation on organization and operation of the university and the Regulation on internal expenditures.

6. Order of issuing university establishment decisions

The Minister of Education and Training shall receive and organize the appraisal of dossiers of request for issuance of university establishment decisions submitted by organizations or individuals, and notify the results of handling and appraising the dossiers to project investors within 20 working days after the receipt of the dossiers.

The appraisal shall be carried out by an appraisal council comprising the representatives of the leadership of ministries and agencies, including the Ministry of Education and Training, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance and the provincial-level People's Committee of the locality where the university is based and a number of relevant agencies, which is set up under decision of the Minister of Education and Training and headed by the representative of the Ministry's leadership.

An appraisal council is composed of 7- 9 members, having the tasks of assisting the Minister of Education and Training in examining and comprehensively evaluating the project dossier of request for issuance of university establishment decision, the necessity to establish the university, the regularity of the dossier and the feasibility of the project, based on the examination of reports and field examination, which will serve as grounds for submitting it to the Prime Minister for consideration and decision.

The Ministry of Education and Training shall specify the competence and working regulations of the appraisal council and guide the completion of dossiers in the handling process and notify the results to project investors if the dossiers are not approved.

Article 4. Revocation of university-founding approval and dissolution of universities

1. If within 3 years after the approval of the investment project on establishment of a university was granted by the Prime Minister, the project is not yet implemented decision as planned; the dossier of requesting to issue for issuance of a university establishment as required in Article 2 of this Decision, as not yet submitted, the Ministry of Education and Training shall consider the case in order to propose the Prime Minister to issue a document canceling the investment approval and the provincial-level People's Committee shall decide to annul the granted investment certificate.

2. Within 2 years after the Prime Minister signs a university establishment decision, if the university still fails to prepare adequate conditions for the Ministry of Education and Training's permission to open training disciplines and enroll students, the Ministry of Education and Training shall consider the case and propose the Prime Minister to revoke the university establishment decision.

Article 5. Permission to open training disciplines and enroll students

The decision on opening of training disciplines and enrolment time falls under the competence of the Minister of Education and Training and will be made after the Prime Minister issues a university establishment decision. The Ministry of Education and Training shall specify the conditions and procedures for opening training disciplines and asking for permission to enroll students when the following basic conditions are met:

1. Having adequate payroll lecturers to undertake at least 60% of the each training discipline's program, of whom at least 30% possess master degree and at least 12% possess a doctorate degree. The professional qualifications of lecturers and researchers meet the training and scientific research requirements.

Having adequate cadres, technicians, laboratory staff and practitioners, who possess the prescribed quality and professional qualifications and satisfy the requirements of training disciplines.

2. The constructed housing space already put to use reaches the minimum average of 9m2/ student, including at least 6m2/student for study and 3m2/student for dormitory; having adequate working offices for lecturers and cadres with at least 8m2/person.

3. Having adequate lecture halls, classrooms and functional rooms, meeting the training requirements; having adequate working offices and an administrative apparatus under the university's organizational structure for managerial and training activities.

4. Having syllabuses, documents and equipment for teaching and learning as required by training disciplines; having libraries, laboratories, practicing facilities and other material foundations meeting the requirements of training programs and scientific-technological activities.

5. Having facilities for entertainment, sport and cultural activities; health and service establishments to take care of daily-life activities of administrators, lecturers and students.

Article 6. University merger, division or separation

1. The university merger, division or separation shall be carried out on the following principles:

a/ Being in line with the university network planning;

b/ Serving and meeting the requirements of local and national socio-economic development:

c/ Ensuring the interests of administrators, lecturers, public employees and trainees of the universities concerned;

d/ Helping raise the quality and efficiency of tertiary education.

2. A dossier on university merger, division or separation comprises:

a/ The report of the managing agency (for a public university) or of the provincial-level People's Committee (for a private university) to the Ministry of Education and Training on the university merger, division or separation, clearly stating the reasons and purposes; the university's headquarter after the merger and new headquarters after division or separation;

b/ The minutes of the shareholders' congress on the university merger, division or separation (for a private university);

c/ The feasible plan, stating the scheme to employ administrators, lecturers, officials and employees of the university; the plan, projected time and roadmap for merger, division or separation; the procedures and time limit for transfer of assets, contributed capital and shares.

3. Procedures for university merger, division or separation

The dossier on university merger, division or separation (including the establishment of new branches or units of universities) shall be addressed to the Ministry of Education and Training. The Ministry of Education and Training shall assume prime responsibility for. and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Home Affairs in, considering the case and proposing the Prime Minister to issue a decision within 90 working days after the receipt of a complete and valid dossier.

Article 7. Suspension of operation of universities

1. The operation of a university shall be suspended definitely or indefinitely, depending on the severity of one of the following violations:

a/ Violation of legal provisions on administrative sanctioning in the field of education which is subject to the suspension;

b/ Failure to ensure routine activities or to meet the requirements of universities for objective reasons.

2. The Ministry of Education and Training shall consider the case and propose the Prime Minister to decide on suspension of operation of universities.

3. For definite suspension, after the consequences of violations subjected to suspension have been redressed, the Ministry of Education and Training shall conduct investigation and assessment before proposing the Prime Minister to issue decisions permitting the universities to resume their operation.

Article 8. Dissolution of universities

1. The dissolution of a university shall be decided by the Prime Minister in one of the following circumstances:

a/ The university has committed serious violations of regulations on management and organization of its activities;

b/ Upon the expiration of the decision on definite suspension of its operation, the university still fails to redress the consequences of violations subjected to suspension;

c/ The operation objectives and contents of the university no longer meet the requirements of national socio-economic development;

d/ The university network is required to be re-organized in response to the practical situation and conditions;

e/ It is so proposed by the university founders.

2. A dossier on dissolution of a university comprises:

a/ The written request of the managing agency or the university founders, clearly stating the reasons and purposes of the dissolution;

b/ The university dissolution plan, clearly stating measures to ensure the interests of lecturers, officials, employees and trainees; the scheme on payment of salaries, severance allowances, social insurance and other lawful interests of laborers as provided for by law; the scheme on handling of assets of the university.

3. Appraisal of dissolution dossiers

The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Home Affairs in, appraising dossiers on dissolution of universities and submit them to the Prime Minister for consideration and decision.

The dissolution of a university should clarify the reasons therefor and measures to ensure the interests of lecturers, officials, employees and trainees; it requires an agency's decision on the scheme for settlement of the university's assets, ensuring publicity and transparency.

Article 9. Responsibilities of agencies

1. The Ministry of Education and Training:

a/ To assume the prime responsibility for, and coordinate with concerned ministries and agencies in. formulating and promulgating documents, guiding and detailing the conditions, order and procedures in order to ensure the strictness and quality of the consideration of university establishment in compliance with current regulations;

b/ To coordinate with other ministries, agencies and localities in directing, guiding, inspecting and supervising the implementation of university establishment projects according to plans, ensuring the quality.

2. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs and concerned ministries and agencies shall coordinate with the Ministry of Education and Training in performing the assigned tasks.

Article 10. This Decision takes effect 45 days from the date of its signing.

This Decision replaces the previous regulations on conditions and procedures for establishment, operation suspension, merger, division, separation and dissolution of universities. The Ministry of Education and Training is assigned to guide the implementation of this Decision.

Article 11. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decision.-