THE PRIME MINISTER
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 15, 2009
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,
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.