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Decision 14/2005/qd-Ttg Issuing Regulation: On The Organization And Operation Of The Private Universities

Original Language Title: Quyết định 14/2005/QĐ-TTg: Về việc ban hành Quy chế tổ chức và hoạt động của trường đại học tư thục

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The PRIME MINISTER'S DECISION On the promulgation of the regulation and organization of the activity of private universities FROM the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on education in March 1998;
Pursuant to Decree No. 73/1999/ND-CP dated 19 August 1999 from the Government on the policy to encourage socialization with respect to activities in the areas of education, health, culture and sports;
Pursuant to Decree No. 43/2000/ND-CP dated 30 August 2000 the Government detailing and guiding the implementation of some articles of the law on education;
Considering the recommendation of the Minister of education and training, in the Sheet number 6800/& FURTHER EDUCATION UNIVERSITY April 8 2004 about issuing regulations of the Organization and the operation of private universities, DECIDES: 1. Attached to this decision the Organization regulation and operation of private universities.
Article 2. This decision has the effect after 15 days from the date The report. Repealed Regulation was issued together with decision No. 240/TTg dated 24 May 1993 from the Prime Minister on the regulation issued private University. The Minister of education and training, in coordination with the ministries concerned instructions detailing the implementation of this regulation.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this decision.
REGULATIONS of the Organization and operation of private universities (issued decision No. 14/2005/QD-TTg dated January 17, 2005 by the Prime Minister) chapter I GENERAL PROVISIONS article 1. Scope and subject to this regulation regulates the establishment, organization, management and operation of private universities.
Private universities because people nationality Vietnam establish and operate under this regulation, the rules and regulations of the College of law.
Article 2. The position of private universities 1. Private universities have legal personality, there are seals and opened an account at the Bank, the State Treasury.
2. the private universities have legal status as public universities in the national education system.
Article 3. Explanation of terms 1. "Capital contribution" is putting the property into the school to become the owner or the owner of the school. The property, which may in Vietnam, foreign currencies freely convertible, gold, the value of land use, the value of intellectual property rights and other assets are stated in the statutes of the school. The total value of the property by the individual contributions made up of capital markets.
2. "shares" rate which is the owner or joint owner of the school is to contribute to the capital.
3. "capital" is the total value of capital regulation into the pay of all members, be written into the Statute of the Organization and operations of the school.
4. "voting Equity" is shares, according to which the owner has the right to vote on the issue in the General Assembly of shareholders to decide.
5. "founder members" who participate through the Organization and regulation of activities and contributed to the school's first adequate amount of capital required in the Charter capital of the private universities.
Article 4. State management for private universities 1. Private universities subject to the governance of the education of the Ministry of education and training; under the administration of the territory under the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) where the school headquarters.
2. direct authority to universities private schools is the Ministry of education and training.
Article 5. Party organizations and the institutional organization of the Communist Party of Vietnam in private universities operating under the Constitution, the laws and the regulations of the Communist Party of Vietnam. The social-political organizations, social organizations in private universities operating under the provisions of the Constitution and the law.
Article 6. The Mission of the private University 1. Training quality manpower, good morals, have the knowledge and capacity of professional practice corresponds to level of training, health, creative ability, the ability to adapt to work in society, the ability to create jobs for themselves and for others; There is the possibility of cooperation in professional activity.
2. scientific research and technological development; the training combined with scientific research and production, scientific and technological services in accordance with the law on Science and technology, the Education Law and the other provisions of the law.
3. Management trainers, officials and employees; construction of the teaching staff of the school enough in number, guarantee of quality standard, the balance of the structure of the level, the structure of industries under the Ministry of education and training.
4. Admission and learner management according to the rules.
5. Discovery and fostering the talent of the school and in the faculty staff of the school.
6. Management, land use, school facility, equipment and assets according to the provisions of the law.
7. In collaboration with organizations, individuals and families in the school's educational activities.
8. Organization for faculty, staff, and employees who participate in the social activities consistent with trades training.
9. To preserve and develop the cultural heritage of peoples.
10. Performs other duties prescribed by law.
Article 7. Powers and responsibilities of the private University, private University is the autonomy and responsibility of the planning, the school development planning, the Organization of training activities, science and technology, finance, international relations, organization and personnel. In particular: 1. to formulate and implement planning, school development planning consistent with the educational development strategy and plans of State universities.
2. building the program, curriculum, teaching plans, study for the profession the school training is allowed on the basis of the framework programme by the Ministry of education and training; admissions organization; Organization of the training process, to recognize a graduate-level certificate, diploma, according to the regulation of the Minister of education and training.
3. The mobilization, management and use of resources to accomplish educational goals; cooperation, links with economic organizations, education, culture, sports, fitness, health, scientific research in the country and abroad in accordance with the law in order to improve the quality of education, in association with scientific research, training, production and employment serves economic development-society.
4. Perform the task of the science and Technology Agency, the competent organizations; effective use of funding investment in development of science and technology; Register, join a selection of signed and implement science and technology contracts, training of human resources, fostering talents in science and technology; contributing to the formulation, development of scientific and technological potential of the country.
5. Protection of intellectual property rights; transfer, assign and publish results in scientific and technological activities; protect the interests of the State and society, the rights and lawful interests of individuals in training activities, science and technology.

6. Receive funding of organizations and individuals, in accordance with the law to supplement financial resources for schools; capital contribution with money, property, the value of the intellectual property rights to conduct the activities of science and technology, production and business; using revenues from economic activity to invest in expanding production and business, building the facilities of the school; funding for activities implemented preferential policies for children, children in family policy, social activities and charity.
7. The State land use allocation; is leasing land, loans and tax reduction, exempt under the provisions of the law.
8. school organization, recruiting faculty, officers, staff; the establishment and dissolution of organizations of science and technology, the service and the business of the school under the provisions of the law.
9. implementation of democracy, equality, the public, in the deployment and implementation of the training mission, science, technology and financial operations.
10. implementation of the regime governing bodies report directly and superior bodies about the activities of the school under current rules.
Chapter II CONDITIONS and PROCEDURE ESTABLISHED PRIVATE UNIVERSITY in article 8. The order established the school of the establishment of the school is conducted in two steps: 1. First step: building and through the project feasibility.
a) name proposed the creation of the school must have established the school as defined in clause 1 article 9 of this regulation and submitted to the Ministry of education and training.
b) the Ministry of education and training is responsible for checking on the validity of the established school records, based on the development of university networks and content profile for review and within a period not exceeding 12 months from the date of the valid profile must answer for the name of the proposed school. Case records are not yet valid, the Ministry of education and training is responsible for specific instructions to name proposed the creation of a complete school records.
2. Second Step: construction and evaluation of viable projects.
a) the building of viable projects to be conducted after the Prime Minister through the project feasibility and to allow undertakings established school. The content of viable projects are a clear demonstration of the problems specified in paragraph 2 of article 9 of this regulation and submitted to the Ministry of education and training.
b) the Ministry of education and training, in collaboration with the Ministry of planning and investment, Ministry of Interior and the Ministry of finance, provincial people's Committee where the school based, organization assessment, the prime consideration, decision.
3. After having decided to set up the school, the Minister of education and training: a) recognized the Chairman of the Management Board on the basis of the proposal of name represents who proposed the creation of the school;
b) recognized principals on the basis of the proposal of the Chairman of the Board.
c) approved trades, enrollment scale and allow enrollment.
4. The Chairman of the Board, the principal base functions are specified in this regulation to run the school.
Article 9. Foundation profile 1. Project profile feasibility include: a) the application for the establishment of the school;
b) feasibility project was established;
c) text approved by the provincial people's Committee, where schools are located.
In the application for the establishment of the school are presentation summary the need to establish the legal base of the school's founding, philosophy on the purpose of the school, school name, headquarters of the school, scheduled trades, scale training 5 years and next five years, expected about sources of capital.
2. project profile feasibility include: a) in addition to the content mentioned in the project feasibility, feasibility projects are based on the approved scale of project feasibility and pursuant to the regulations on the conditions established in article 10 of this regulation for the construction of the project solution , which is particularly clarify the structure of industries intended to training in the first 10 years, the framework program training, industry solutions for instructors; the solution of land and construction of infrastructure; capital solutions;
b) draft regulation on organization and operation of the school. Content organization and regulation of activity of the school is based on the General rules have been stipulated in the regulations of the Organization and the operation of private universities by the Prime Minister. In particular the clarification of capital, personnel and organization, finance is regulated in article 11 and other relevant articles in the chapter II, III and VI of this regulation.
Article 10. Conditions established private universities 1. Private universities are established when the conditions specified in article 46 of law education, Charter schools and this regulation.
2. The establishment of private universities to be consistent with the development of the network of universities; the objective, content, programs, career training, school development scale to match the needs of training qualified human resources, the University serves the goal of socio-economic development.
3. The teaching personnel must ensure implementation of not less than 30% of the volume of teaching of school subjects. The Dean of the school is the parish personnel;
Each option trades training, the school must guarantee the rate from 5 to 10 students/1 lecturer for the gifted sector; from 10 to 15 students/faculty for engineering science and technology; from 20 to 30 students/faculty for social sciences and Humanities, economics and other disciplines.
Article 11. Capital market 1. Capital is the amount of capital by individuals or groups of individuals to contribute and be recorded in terms of organization and operation of the school. Capital consists of capital defined by money (money Vietnam or in foreign currencies freely convertible), gold or which by properties and not less than 15 billion in Vietnam.
2. Capital and other sources of legitimate investment at the time of the founding of the school to ensure the necessary conditions for the school comes into operation, in which capital as areas used for training activities satisfy:-area classrooms, laboratories, dormitories and other buildings serving research training student for a minimum of 4 m2;
-The minimum area for a student that is 10 m2.
3. Capital in the money, foreign currencies freely convertible or with gold when capital contribution must be made in the minutes. This record must be the content mainly include: the name and address of the school; the name and address of the person raising capital; property type and unit number of assets capital contribution; the total value of the assets capital contribution and the rate of the total value of that property in the capital of schools; delivery date; the signature of the person who had and who are the members of which candidate is responsible before the law stands the name please.
4. by Capital assets before transferring ownership to the College must be property valuation. The valuation of the property must be all the members had unanimously. The transfer of ownership of capital with money, gold or property only be considered complete when the legal ownership to the property which was transferred to the school.
5. For the registered property value or the value of land use, the person had either to transfer ownership of the property or the right to use the land for the school in the competent State bodies. The transfer of ownership of the property must be completed before the official school activities.

Article 12. Establishment, merger, splitting, dissolution and suspension market 1. The establishment, merger, Division, separation, suspension of activities, private universities may award by the Prime Minister decides according to the recommendation of the Minister of education and training.
2. procedure for establishment, merger, Division, separation, suspension and dissolution of private universities follow the provisions in clause 1 and clause 2, article 20 article 21 and article 22 of Decree 43/2000/ND-CP dated 30 August 2000 the Government detailing and guiding the implementation of some articles of the educational Documents; articles 8, 9, 10, 11, 12 and 37 of this regulation.
Article 13. Convert other University types to types of private universities public universities, public sale, set up is converted to the type of private universities when there are the following conditions: 1. for a public University and public sale: based planning network of State universities the conversion plan, the College of the Ministry of education and training and the proposal of direct administration, School Board (if any);
2. for school: was the Board, direct the school administration and the organisation stands out please recommend converts school established.
3. Have the option, change the field, which identifies specifically how to handle financial, property, staff, faculty, staff and students.
4. Record and field conversion process in line with the provisions of articles 8, 9, 10 and 11 of this regulation.
5. After the evaluation profile switching schools, Ministry of education and training is the prime consideration and decision.
6. The Ministry of education and training, in collaboration with the ministries of the relevant building regulations and specific processes for transforming the University type switch to operating under private university model.
Chapter III ORGANIZATION and article 14 PERSONNEL. Organizational structure of universities private schools management organization ensures the Organization requirements stipulated in the University Charter and in accordance with the conditions, the scale of the market.
Organization structure of private universities include: 1. The Board of Trustees.
2. Principals and Vice Principals.
3. Control Board.
4. The Scientific Council, and training.
5. The Professional Division.
6. The faculties and personnel in the field.
7. Subjects in the faculty. Some private universities can only have the faculties or departments subordinated.
8. The organization of science and technology, the training facilities and the manufacturing base of business in college.
9. Party organizations and mass organizations.
Article 15. General Assembly of shareholders 1. General Assembly of shareholders including the shareholders having voting capital.
2. The General Assembly of shareholders have the following rights and duties: a) Election, resignation and recall of members of the Management Board and supervisory board members of the school; the resolution requested the addition, change the members of the Board of Trustees during his term and suggested the authority to recognize;
b) through annual financial report;
c) through regulation of the organisation and operation of the school;
d) determine objectives, directions to build the school development plan; consider adjusting the trades, the level, scale, orientation training to scientific and technological activities in line with the development strategy;
DD) the rights and duties set forth in the statutes of the school activities organization.
3. The General Assembly of shareholders convened in a meeting as determined by the Board or at the request of the shareholders are to own over 30% of the common shares in time continuously for six months or more; in case the Board had serious violations and in some other cases as prescribed in the regulations of the Organization and operation of the school, the Board is entitled to inform the Board and convened the extraordinary shareholders meeting. All costs for convening and conducting meetings of the General Assembly of shareholders will count on funding activities of the school.
4. annual shareholders General Assembly meeting every year.
5. The General Assembly of shareholders convened to the meeting invitation, the meeting program and the discussion document to all shareholders have the right to attend the meeting at the latest 7 days before the date of the meeting.
6. shareholder's General Assembly was in progress when the number of shareholders attending the meeting represent at least 51% of the voting capital. Specific rate due to the Statute of the Organization activity of the school rules.
7. The shareholder General Assembly meetings are recorded in the minutes book of the school and through right before closing; the adoption of the decision of the General Assembly of shareholders by forms of voting in the meeting and in effect when the number of shareholders constitute half of which have voting rights. The minutes must be signed by the Chairman and Secretary of the meeting.
Article 16. The Board 1. The Board is the governing body of the school and is the only representative organisation for the school's ownership, responsible institutions make the recommendations of the General Assembly of shareholders and has the right to decide the issues on the Organization, personnel, finance, property, planning, investment planning and direction of development of the market according to the regulations.
2. The members of the Board are shareholders, Vietnam nationals, have health and are elected in the General Assembly of shareholders.
3. The number of members of the Board may change depending on the number of shareholders but a minimum of three and no more than 11 people. The term of the Board due to the regulations of the Organization and operation of the school rules.
4. The Board of the first term due to the founding members of the Organization elected to field under the principle of secret ballot. From second term, three months before his term runs out, the Board holds shareholders meeting to elect Board for the next term by secret ballot principle. Resolution of the election and to vote is valid only when there are too few shares have voting rights agreed.
5. The Board of Trustees regular meeting in three months. Extraordinary meetings by the President of the Board to decide when there is at least 1/3 of the Board members suggested. Resolutions of the Board of the building according to the principle: each Member of the Management Board has one vote and the voting is valid only when the half of the Board members agreed. The case of the votes endorsed and not peer approval, the final decision belongs to the comments of the Chairman of the Board.
6. in terms of the additional requirements, if any, change to Board members via the shareholder General Assembly secret ballot principle and effect when the number of shareholders constitute half of which have voting rights.
7. During operation, if the Board of serious breach of these rules and the law, the Minister of education and training does not recognize the decision of the Board and Chairman of the Board, at the same time establishing the Provisional Board and election of the Chairman of the interim Board of the shareholders to continue to manage the the operation of the school. The time limit for the operation of the Provisional Board of not more than 6 months. The Chairman of the interim Board have a duty to hold extraordinary shareholders meeting to elect new Board and the Ministry of education and training.
8. Resignation and recall of members of the Management Board

a) members of the Board were dismissed for only serving in the following cases:-violation of law;
-Die or with limited capacity for civil acts,;
-Voluntary resignation;
-Other cases due to the regulations of the Organization and operation of the regulated market;
b) member of the Board of removal under the provisions of the regulation on organization and operation of the school.
c) where the number of members of the Board were falling too 1/3 compared to the number of provisions of the regulation and organization of the activities of the school, the Chairman of the Management Board must convene the General Assembly of shareholders within a period not exceeding 60 days from when the number of members of the Board reduced the aforesaid regulations too to elect additional Board members.
Article 17. Duties and powers of the Board the Board has the following powers and duties: 1. To build organizational and operational regulations of the school, through the General Assembly of shareholders.
2. Build and rules, standards, regulations and norms of financial incomes and expenses of the school under the provisions of the law on the financial management mode.
3. implementation of resolution of the general shareholders meeting. Mobilize investment capital to build the school, approve the estimates and annual budget settlement led by the principal; monitoring of the management of financial assets and the use of the school.
4. Select the serving principals and the Minister of education and training decisions.
5. Approval organization, staffing and other issues related to personnel of the school because the headmaster suggested.
6. decision on the basic principles to solve the issues of training, scientific research, technology development, building of infrastructure and the work of the foreign market.
7. Monitoring of the principal in the observance of the rule of law and the resolution of the Board.
Article 18. Control Board 1. Private universities have control board.
Control Board there are from 3 to 5 members elected by the shareholders General Assembly, during which at least one Member has accounting expertise.
Member of the Supervisory Board must be a person of shares and Vietnam nationals, resident in Vietnam, not in the time being prejudice to criminal or imprisonment and the violation of other laws.
Those in the Control Board was not a member of the Board, President, Chief Accountant; at the same time is not the father, mother, spouse, offspring of members of the Board, President, Chief Accountant of the University.
2. Control Board has the task of monitoring, check the operation of the school.
3. Control Board members elect a Chairman; the term of the Supervisory Board together with the Management Board's term.
Article 19. The rights and duties of the Control Board Control Board has the following rights and duties: 1. Check the reasonableness, legitimate in the Executive management of the activities of the school, in the accounting records and financial reports;
2. Evaluation of annual financial reports; check each specific issues related to the management, operating activities of the school;
3. Periodically informed the Chairman of the Management Board on results of operations; refer to the comments of the Board on the report, the conclusions and recommendations before submitted to the General Assembly of shareholders.
4. report at the meeting the shareholders General Assembly on the activities of the school.
5. additional measures recommendations, amended, improved organizational structure, management of school operations;
6. the implementation of the rights and duties under the provisions of this regulation and the regulation on organization and operation of the school;
7. The control prescribed in paragraph 1 and 2 of this Article not hinders the operation of the Board and does not interrupt the running of the school.
8. Responsible to the General Assembly of shareholders, the Board and the faculty, staff, personnel of the school about the content of the report and of its activities;
9. Be required to the Board, the members of the Board, the principal, the other managers to provide full and timely information, documentation on the activities of the school when the assignment.
Article 20. Chairman of the Management Board 1. Chairman of the Management Board elected by the Board of Trustees and Board members are the Ministry of education and training. Chairman of the Board may be the principal Chief when the standard prescribed for the principal.
2. The Chairman of the Board must have good moral qualities, University degree level or above.
3. The Chairman of the Management Board has the following duties and powers: a) construction program, the action plan of the Board;
b) presided over the preparation of the program, the content of the meeting documents, convene and preside the meetings of the Board;
c) organized through resolution of the Board;
d) directs the implementation of the resolution of the Board after it is passed;
DD) make the rights and duties under the provisions of this regulation and the regulation on organization and operation of the school.
4. where the Chairman of the Management Board must authorize the absence of the Deputy Chairman of the Board (if any) or for a member to perform the rights and duties of the Chairman of the Board in writing.
The case of the Chairman of the Board was no longer able to perform assigned duties or no user is authorized, the Vice Chairman of the Board (if any) or the principal organisation elect a person from among the remaining members held the Presidency under the principle of secret ballot and in effect when half of the members of the Board unanimously. Results are reported to the Ministry of education and training to the Ministry. Authorized time or temporarily held the Acting Chairman of the Board of not more than 6 months from the date of recognition.
5. The Chairman of the Board is entitled to use the apparatus and the seal of the school to act within the scope of the functions and duties of the Board. The text of the decision of the Board by the Chair of the Board.
6. The Chairman of the Board is the representative before the law of all activities of the private universities.
Article 21. The principal 1. The principal private universities have titles from Associate Professor or a doctorate over, there have been at least 5 years of participation in the management of higher education from the division level and above, have the experience and expertise; reputable, ethical qualities and good health and not public officials, State officials.
2. Principal Private University to be nominated by the Board on the basis of being too half the members of the Board unanimously adopted by secret ballot and was Minister of education and training.
3. Principal Private University is who runs the operations of the school, representing the school performed the tasks, responsible to the Board, the Department of education and training and the law on the duties assigned.
4. In addition to the duties, powers and responsibilities provided for in article 6, article 7 of this regulation and the Charter school principals, University private University also has the following responsibilities and powers: a) the implementation of the resolutions of the Board;

b) expected apparatus, payroll and personnel of the School Board for approval. The decision to recruit workers under the provisions of the law and according to the plan that was approved by the Board;
c) build measures to mobilize, manage, use of resources and quality assurance measures, effective training, scientific-technological activities, the Management Board approved the implementation of the school development goals;
d) accounting work organization, financial and property management of the school under the provisions of the law;
DD) estimating and annual financial settlement, the Board of Trustees for approval. Implementation of the financial plan according to the norms were approved by the Board. Periodic report of the Board, the relevant level of management and finance the activities of the school under the regulations;
e) implementation of the provisions of labour legislation-salaries, wages, insurance, scholarships, fees, benefits, reward, or discipline officers, faculty, staff and students of the school;
g) implementation of the provisions of the laws and regulations of the Ministry of education and training on recruitment, training management organization, test, exam, graduation recognition and issuing the certificate; issued the rules, internal regulations in order to implement the activities of the school;
h) implement measures to ensure order, security and safety in the school;
I) in the case of need, the principal has the right to reserve the comments disagree with the decision of the Board and reports to the Minister of education and training.
Article 22. Deputy Principal 1. The Vice Principal is the maid for the principal. Deputy Principal Private University must have a university diploma, have health and good moral qualities. Deputy Rector in charge of training and scientific research must have standards about titles, such as for school principals. Vice Principal because the principal recommendations, the Chairman of the Board decision to appoint.
2. the Vice President has the authority and responsibility to: a) Help the principal executive management the activities of the school, directly in charge of some of the field work as assigned by the principal and tackle the work by the principal;
b) When tackling the job was the principal, Vice Principal and the principal's behalf is responsible before the law and Rector of the assigned work results.
Article 23. Scientific Council and training 1. Scientific Council and training of private universities include: the principal, the Vice Rector, the deans, some Major, some of Professor, Associate Professor, PhD, senior lecturer of the school, a number of scientists, educators and representatives of a number of socio-economic organizations outside the school concerned and knowledgeable about higher education.
2. the scientific and Training Council was established by the decision of the Rector and Provost as President. The term of the Council of science and training according to the Rector's term.
3. The Scientific Council and the training is organized to advise the principal about: a) the planning and development strategy of the school; the aim, the training program; long-term plan and annual plan of training, science and technology;
b) training, fostering a team of teachers, staff personnel of the school.
4. The Scientific Council members and the training of the College are entitled to make recommendations on the plan and contents of the work of the Council.
5. The Scientific Council, and training meetings for at least 6 months and by the President of the Council convened.
6. The conclusions of the Chairman of the Board at the session of Scientific Council and training must be reported to the Faculty and the Department.
Article 24. The Division, Department, Division of functions, the Mission of the Division, Department, or Division of the University's affiliated private schools as public universities. Depending on the scale of training, the Mission of the school, the principal proposals with the Board about the organizational structure of the Division, the faculty, the Department ensures implementation of the activities of the school.
Article 25. The science and technology institutions, the training facilities and the manufacturing business in private universities 1. The scientific and technological organizations in private universities include: the Organization of research and development, the Organization of scientific and technological services was established and functioning according to the law on Science and technology and the implementation of the tasks specified in the Statute of the University.
2. production and business establishments in the private University was established in association with the Mission of the school training and operate under the rule of law.
3. The other training facilities: a private University) have material information Center serves the training activities, science and technology. The information centre is responsible for data management, and provides other sources of information, science and technology of materials in and out of the country in the areas of operation of the school; to collect and preserve books, magazines, tapes, disks, the thesis was defended at the school, the school's publications and other archive material; Guide and manage the work of the school's intellectual property rights. Material information Center operates under the regulations issued by the Rector and the regulations of the State;
b) private universities are also the units serving the training, scientific research and technology, in accordance with the conditions of development of the market.
Chapter IV STAFF, TEACHERS, staff and the SCHOOL Article 26. Teaching staff 1. Lecturer of private universities have to have enough of the standard rules of moral qualities, qualifications and health, has the duty and authority under the provisions of the Charter and the provisions of article 61, 62, 63, 64 of the Education Law and the provisions of relevant laws.
2. When opening the first courses, the number of teaching personnel (teachers do the whole time for school) of private universities must ensure implementation of not less than 30% of the volume of the first year of study and teaching within 5 years to ensure implementation is not below 50% of the volume of teaching of school subjects and after 10 years the school must have enough faculty personnel on-demand training and scientific research of the technology market.
3. Faculty personnel of private universities are employed under the provisions of the law; enjoy the regime wages, salaries, social insurance, health insurance, are entitled to the rights under the apportionment of capital and have the right to participate in the activities of social organizations and unions in accordance with the law.
4. The trainers are in the State transferred officers, faculty, staff of private basic schools, the time worked at the old agency be plus time work at the private University to enjoy social insurance regime.
5. private university faculty must strictly obey the party's undertakings, the law of the State. The full implementation of the University Charter, the Statute of the Ministry of education and training, regulation of market activities and the Organization of the regulations issued by the principal.
6. Faculty of universities private schools have standards prescribed by law are awarded the title of outstanding teacher, teacher and Professor, associate professor.
7. private universities are invited scientists, educators, managers involved in teaching and research.
Article 27. Officers, staff

1. Staff personnel and contracts of private universities are entitled to remuneration, salary mode according to the results of operation of the market, social insurance, health insurance, free unions and rights according to the ratio of capital contribution; have the right to join social organizations and unions in accordance with the law.
2. Officers, private university staff must strictly obey the Party's guidelines, policies and laws of the State; the full implementation of the University Charter, the Statute of the Ministry of education and training, organizational and operational regulations of the school and the provisions issued by the principal.
Article 28. Duties and rights of the study 1. The study of private universities have the duties set forth in the Charter and regulations of the University the school; namely: a) learning, work under the program of the school training plan;
b) comply with the law of the State, the statutes of the Ministry of education and training and the rules of the school;
c) joined labor and social activities tailored to the age, health and energy;
d) expenses as prescribed;
DD) to preserve and protect the assets of the school; contribute to building, protecting and promoting the traditions of the school;
2. The private school have the following rights: a) is provided in full, timely information about learning;
b) Learning beyond the classroom, learn to shorten the time, graduate school according to the regulations of the Ministry of education and training;
c) used the experimental equipment, practice exercises, the vehicles for cultural activities, fitness, sport of the school as provided by the school;
d) Are taking part in the unions, social organizations in accordance with the law;
DD) directly involved in the Organization of unions, recommendations to the school on the solutions aimed at contributing to the construction of school, protected the rights, legitimate interests of learners;
e) enjoy the social policy provisions of the State.
g) Are continuing to study the higher level job search, such as the study of the public University.
Chapter V ACTIVITIES, science and technology, INTERNATIONAL COOPERATION Article 29. Training activities 1. The official language of teaching in private universities is Vietnamese. In the cooperation program with foreign language training programs, and foreign culture and some other disciplines can teach directly in a foreign language, ethnic, as prescribed by the Ministry of education and training.
2. the private universities are the Ministry of education and training to allow open university training departments have had training in the category of the State; admissions organization consistent with the scale of the school were the Ministry of education and training through.
3. private University organized the construction of the training program, teaching and learning plan for the training of the school on the basis of the framework programme by the Ministry of education and training.
4. private universities make admissions, management training, process validation, examination, evaluation, recognition of graduation and degree certificates, according to the regulations of the Ministry of education and training.
Article 30. Scientific and technological activities 1. Private universities conducted the activities of science and technology, scientific advisory services, technology transfer, production and business in the fields of training of the school under the provisions of the law on Science and technology.
2. private University established the Center for research and development, production and business establishments in accordance with the law. The Organization of information systems management documentation, release the magazine, and scientific publications, textbooks, materials for training activities, science and technology, the provisions of the law and other regulations of the Ministry of education and training.
3. private universities held annual planning, medium term and long term plan of science and technology activities of the school, reports the Ministry of education and training and the Ministry of science and technology.
Article 31. International cooperation in private universities perform the duty of international cooperation invited the professors, scientists, foreign experts to the teaching and scientific research, election of officers, trainers and learners, teaching, study abroad according to the regulations of the State.
Chapter VI FINANCE and PROPERTY Article 32. Financial mode 1. Private universities operate under the voluntary guidelines, which is financially autonomous, self balance, implementation of the provisions of the law on accounting, statistics mode, the obligation with the State budget and the other regulations concerned.
2. the private universities are loans of credit organizations to invest in expanding the facilities, improving the quality of training, scientific research and production services.
3. the private universities are State-level funding to perform the tasks ordered by the State.
Article 33. Financial resources 1. Capital contributed by the shareholders and additional financial resources from the results of the annual activities of the school.
2. other financial sources: a) the tuition fees collected from students under the provisions of the law;
b) revenue from the combined training, scientific research, technology transfer, production and labor activities in manufacturing, other services prescribed by law;
c) Interest from deposits at the Bank, Treasury and credit institutions;
d) investments, grants, aid, support, gifts (monetary, in-kind) of individual organizations within and outside the country;
e) loans of the Bank, credit institution, personal;
g) other legal revenues.
Article 34. Genus content 1. Spent on salaries, allowances, remuneration and salaries, bonuses and social security contributions, medical insurance for workers; the training expenses, raise the level of training for staff, faculty, staff of the school.
2. expenses for the school: scholarships, awards and commendations.
3. For cultural activities, sport.
4. Spend on teaching, learning, training, vocational, scientific research, application deployment technology, academic teaching.
5. administrative management Expenditure.
6. Pay the rent the facilities, shops, regular repair facility, fixed assets, equipment and teaching supplies.
7. Depreciation of fixed assets.
8. Pay the loan and interest on the loan.
9. Expenditure for humanitarian activities, charity.
10. Other expenses consistent with the provisions of the law.
Article 35. Financial and assets management 1. Finance and property of private universities were formed from the sources as specified in article 33 of this regulation. Financial spending mode and using the property specified by the Board.
2. the private universities are responsible for the financial operations reports annually to the governing body and the local financial authorities.
3. Estimation and annual settlement of the school by the principal, the Board approved.
4. Periodically, the property was inventory reviews, hosted the annual audit, ceded the sale to recover the additional equity financing for the operation of the school. Private universities are free to prescribe the rate fast depreciation of fixed assets to capital withdrawal but does not exceed the maximum depreciation rates prescribed by law for business. Private universities must build internal spending rules to do the legal basis of the University's financial executives.

5. The entire school property owned by the investors; the State protects according to law provisions.
6. Make public financing and observance of the work of the regular financial inspections as well as irregular by the Control Board. Strictly obey the inspection of financial authorities under the provisions of the law on the use of funds and the increase and decrease of capital in the property market.
Article 36. Income and use of income gross income after deducting the expenses necessary for the operation of the school specified in article 34, the rest are used as follows: 1. Perform the obligation for the State budget.
2. Extract founded the school development fund and other funds by resolution of the Board.
3. The remaining income is distributed to the members in proportion to capital contribution capital.
Article 37. Transfer of ownership and funds 1. Shareholders have the right to transfer a part or all of their shares to another person according to the following rules: a) shareholders want to transfer part or all of the shares must first transfer that stake for remaining shareholders according to the price agreed at the time of the transfer.
b) is only transferable to non shareholders if the remaining shareholders do not buy or not buy.
2. In the case of shareholders who needs funds, the funds must be approved by resolution of the Board meetings the Board with voting results achieved from the 2/3 vote.
3. In the case of the school was disbanded, the disposal of financial assets, be applied according to the provisions of the law on the dissolution of business.
Chapter VII INSPECTION, checking, REWARDING and HANDLE breach of article 38. Inspection, test 1. Private universities have a responsibility to the organization performing the self test the functioning of the market under the current rules.
2. the private universities are subject to the inspection, the Inspector of the competent State bodies.
Article 39. Responsibility for the legal private universities is not allowed for any individual or organization would use the name or using the school's facilities to conduct illegal activities, not true to the Charter, the purpose of the activity of the school.
Article 40. Reward collective, individual (leaders, trainers, officials and employees) of private universities have contributed to the achievement of education and who have outstanding achievements in academic and scientific research are rewarded according to the provisions of the law.
Article 41. Handle violation in case there is enough about the private universities are not true executive law, the statutes and regulations of the Ministry of education and training; does not guarantee the minimum requirements of the base material, equipment, teaching staff serve the teaching learning; does not guarantee safety and hygiene conditions, then customize the level of violation, the Minister of education and training is responsible for: 1. the written reminder.
2. The decision to suspend enrollment.
3. Recommendations to the Prime Minister to suspend or dissolve the school./.