Circular 45/2014/tt-Bgddt: Regulation On The Transformation Of Universities Set Up To The Kind Of Private Universities

Original Language Title: Thông tư 45/2014/TT-BGDĐT: Quy định về việc chuyển đổi loại hình trường đại học dân lập sang loại hình trường đại học tư thục

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EDUCATION AND TRAINING
Number: 45 /2014/TT-BGDT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 17, 2014

IT ' S SMART

Q It ' s about converting the form of a public university.

to the type of private college.

_____________________

The Education Law Base June 14, 2005; The Amendment Law, which complements some of the provisions of the Education Law November 25, 2009;

The Higher Education Law Base June 18, 2012;

Base of Protocol 75 /2006/NĐ-CP August 2, 2006 the Government regulates the details and guidelines of some of the provisions of the Education Law; the digital decree. 31 /2011/NĐ-CP May 11, 2011 of the Government amended, complements some of the provisions of the Digital Protocol. 75 /2006/NĐ-CP August 02, 2006, and Decree No. 07 /2013/NĐ-CP 09/01/2013 of the Government on Amendment B point 13 Article 1 of the Digital Protocol 31 /2011/NĐ-CP November 11, 2011 amendment, adds some of the provisions of the Digital Protocol 75 /2006/NĐ-CP 02/08/2006 of the Government rules the details and guidelines for some of the provisions of the Education Law;

Base of Protocol 141/2013/NĐ-CP October 24, 2013 the Government regulates the details and guidelines for the implementation of some of the laws of higher education law;

Base of Protocol 69 /2008/NĐ-CP May 30, 2008 the Government's Government of Policy encourages socialization of activities in the field of education, vocational education, health, culture, sports, and environment;

Base Decision Base 122 /2006/QĐ-TTg May 29, 2006, of the Prime Minister on the transfer of the public university to the type of private university.

Base Decision Base 70 /2014/QD-TTg December 10, 2014 by the Prime Minister about the promulonation of the College Charter;

At the suggestion of the Chief of Planning-Finance, the Minister of Education and Training issued the Regulations Regulation on the conversion of the type of public university to the type of private university.

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. This information provides for the transformation of the type of residential university (later called a civil school) to the type of private university (later called private school), including: content, sequence, procedure and accountability of organizations, including the general public. Individuals in the conversion of the public university to the type of private college.

2. This information applies to public schools and organizations, individuals involved.

What? 2. The request of conversion

The transition does not affect the normal functioning of the school, does not make it difficult for learmen, to ensure the legal rights and benefits of the workers of the school, the individuals and organizations involved.

What? 3. Organic Lecturer

A body lecturer is a worker who signs a three-year period or a contract that does not specify a deadline under the Labor Code, not a public or state official, who is not working on a three-month term labor contract. with the other employer; due to the school pay and the pay of the regime, the policy toward the worker follows the existing regulations.

Chapter II

CONVERSION CONTENT

What? 4. Financial Audit, Property valuation

1. The timing of the audit was the time of the first quarter-or year-old financial reporting by the National School Board of Directors, but no more than 12 months into the time of the filing of the transition to the Ministry of Education and Training.

2. The audit, valuation of assets is made by the Vietnamese unit, as defined by the law, due to an independent audit firm and an independent valuation firm that has a legal status.

3. The audit report must classify capital funds according to the origin of the form:

a) Pre-equity and capital funds contributed to the functioning of the school from organizations, individuals;

b) Pre-capital funds, donated or issued from legal sources;

c) Money capital is formed in the course of the operation of the school;

d) The cost of the school loans, the leasing of the organization, domestic or foreign.

4. The audit report must determine the total amount of the actual capital, the obligation to the debt and the difference between the fact with the book book at the time of the audit (if any).

5. The audit report must be publicly listed, which guarantees the capital, the owner, and the worker of the school, to monitor and monitor.

What? 5. Processing of capital, property, land of the civil school when switching to private school.

1. The capital of the institutions, the original individual and the contributing factor in the operation of the civil school which was attributed to Vietnam at the time of capital, was preserved at the time of the transition on a unified basis between the Board of Directors with the institutions. function, the individual contributes to the capital and is transformed into a stake when switching to private school.

The People's School Board decided to provide a guarantee of the value of the organization's capital, the individual who contributed.

2. The property due to the vote, donated or issued and formed from the operational results of the civil school is the most common property that is undivided and is transformed into the undivided joint property of the private school.

3. After being recognized for conversion from a public school, the private school inherits the legal rights and interests, responsible for the unpaid debts and other property obligations of the charter school.

4. The school of people handing over the entire land and property on land is using a private school record. The private school is responsible for management, land use, land property being handed over from the right of the democratic school and responsible for the use of land and property on land.

What? 6. The rights of the organization apply for the establishment of the school, the individual who is successful in the founding, development of the civil school and the incumbent board member

1. The Organization for the establishment of a public school is priorititifully funded by foreign funds to become a private school shareholder. The organization for the establishment of a non-capital school is no longer in power and obligations to private schools.

2. The individuals who are successful in the establishment, development of the civil school, the incumbent members of the Board of the Governing Body of the Democratic College have not contributed to the capital's capital to become the shareholders of the private school.

3. Organization for the establishment of the school, the individuals who have the public in the founding, development of the civil school, the incumbent members of the former School Board of Directors who have previously contributed but have transferred all part of the funding to the organization, the individual. Others don ' t have the right to profit.

4. The assembly of the civil school together with the Party Committee, the Labour Party, is legitimate, legal for the individual to be successful in the establishment and development of the civil school.

What? 7. Identitiate of regulatory capital and capital raising of additional charter capital for private university

1. The charter capital of the private school when switching from the civil school is the capital of the institutions, the individual who contribute to the head and contribute in the operation process of the democratic university after being decided by the National School Board of the School of Schools. It ' s a stipulation in paragraph 1 Article 5 of this.

2. The assembly board of the university of the university decides to recognize the number of capital provisions, the value of each share, the number of shares of the private school when switching from the independent school.

3. In the event of a civil school a need to increase the funding of the school before determining the charter capital of the private school, the Board of the Governing School of the People's School of Directors conducts capital in order of priorities as follows:

a) The specified objects at Article 6 of this Information;

b) He has made a capital;

c) The school's owner.

4. The specific contribution value of the specified objects at paragraph 3 This is provided by the Board of the Governing School.

What? 8. Identitiate the first term office of private school

1. Member of the first term board of the private school to be determined by regulation at paragraph 3 Article 17 of the Law of Education and Article 21, Article 22 of the Charter of the College is issued at Decision No. 70 /2014/QE- TTg on December 10, 2014 by the Prime Minister.

2. The democratic school board decides to pass the number of members of the Board and the number of members representing the part of the private school's contribution.

Chapter III

PROFILE, SEQUENCE, CONVERSION PROCEDURE

What? 9. The conversion profile

Conversion records include:

1. The public school conversion to private school is signed by the Chairman of the Board of the School of the People's School.

2. The decision of the Council to govern the democratic school on the transfer of the democratic school to private school.

3. The decision of the National School Board of Directors for:

a) The recognition of the organization list, the individual who contributes to the capital, the method of preserving the value of capital, which determines the value of the capital, the value of each share, the number of shares;

b) Identilocate the number of members of the first term office of private school, the number of members representing the part of the capital;

c) The name of the private school after being recognized for conversion (in case of need for a field name change).

The decision of the Council of the Governing Council was adopted when there were over 50% of the total number of members according to the agreed list.

4. Proposition of the Organizational Statutes and activities of the private school are adopted by the Board of the School of Schools.

5. The audit results report, the specified valuation results at Article 4 of this Information.

6. Case related to the right to use the land.

7. The decision to establish a civil school; the decision to change the name of the civil school (if any); the decision to recognize the incumbent democratic school board; the decision to recognize changes to the board member of the civil school (if any); public decision. The president of the incumbent.

What? 10. Presentation, conversion procedure

1. The National School Board of Directors is responsible for the filing of 05 sets of prescribed filings in Article 9 of this Information on the Ministry of Education and Training.

2. In the 30-day period of work since the date of receiving valid records, the Ministry of Education and Training reviewed the conversion scheme, the Prime Minister decision making the decision to convert the type of geometry.

3. After the Prime Minister made the decision to recognize the private school:

a) The Chair of the Council of the People's School Board chaired the meeting of the funds to elect members to represent the capital members of the Private School Board by the number that was decided by the People's School Board. The mechanisms elect these members according to the mechanism of the vote;

b) The public school performance presiding over the school's right-body faculty meeting to elect a member of the right faculty member in the Private School Board. The mechanism of membership at this point follows the principle of collective, voting in a majority;

c) The party, the body of the democrat democrat elected members of the party, and the members of the governing body of the private school. The mechanism of this membership follows the rule of the party organization, the team;

d) Chairman of the Board of Directors of the People's School as a document for the Provincial People's Committee, the central city of the central city (after this is called the Provincial People's Committee) where the school office is to represent the private school board.

The Chair of the People's School Board convenes the meeting of the elected board members and is elected at points a, b, c and d of this paragraph to elect the Chair of the Private School Board;

e) Chairman of the Board of Directors of the Civil School as a text to the Provincial People ' s Committee recommended recognition of the Board of Private School;

g) After the recognition of the recognition of the Provincial People's Committee, the Private School Board of Private Schools and as a document suggested the Provincial People's Committee recognize the principal of the private school;

) He is recognized as provoking, if not a member of the Board of Directors, then after being recognized as the Chancellor will be added to the Private School Board; the addition of the board member must ensure the number regulation of the board. Membership is odd.

4. Chairman of the Board of Directors, Principal, Chief Accounting Officer of the School of Civil Affairs for the Chairman of the Board of Directors, Headmaster, Chief Accounting Officer of Private School:

a) The specified conversion profile at Article 9 of this Information;

b) The capital of the property, capital is established at the time of the intersection with the right and obligations that the private school continues to do.

Chapter IV

THE ORGANIZATION.

What? 11. The responsibility of the agencies, organizations, individuals in the process of converting the democratic schools to private schools.

1. The Provincial People ' s Committee where the civil school is based is responsible for overseeing the transition of the schools, sending representatives to the private school board.

2. The Democratic Board of Directors chairs the full implementation of the school ' s work in the transition and self-dissolution until the private school board is recognized by the competent authority.

3. The principal of the public school operates the activities of the school on a mission, the powers until the Dean of the Private School is recognized by the competent authorities.

4. During the transition, if there is an entanging, the school promptly reports the Ministry of Education and Training to be guided.

What? 12. Effect of enforcement and accountability

1. This message has been in effect since 1 February 2015.

2. This information replaces the Digital 20 /2010/TT-BGDT July 16, 2010 by the Minister of Education and Training on the Regulation of Content, the sequence, the procedure of converting the type of public university to the type of private university.

What? 13.

Chief of Office, Chief of Planning-Finance, Chief of the Organisation of Public Affairs, Head of relevant units of the Ministry of Education and Training, the Chair of the Provincial People ' s Committee where the civil college is based, Chairman of the Board, Performance and Management. The head of the university is responsible for this private practice.

Minister.

(signed)

Dissertation.