CIRCULAR

STIPULATING CONDITIONS, DOSSIERS, PROCEDURES FOR OPENING DISCIPLINES OF TRAINING UNIVERSITY, COLLEGE LEVEL

Pursuance to the Law on Education dated June 14, 2005; the Law Amending, supplementing a number of Article of the Law on Education dated November 25, 2009;

Pursuance to the Decree No.178/2007/ND-CP dated December 03, 2007 of the Government on stipulating functions, tasks, powers and organizational structure of the Ministries and the ministerial-level agencies ;

Pursuance to the Decree No.32/2008/ND-CP dated March 19, 2008 of the Government on stipulating functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuance to the Decree No.115/2010/ND-CP dated December 24, 2010 of the Government stipulating the responsibility of state management on education;

Pursuance to the Decision No.58/2010/QD-TTg dated September 22, 2010 of the Prime Minister stipulating charter of universities;

Pursuance to the Circular No.14/2009/TT-BGDDT dated May 28, 2009 of the Minister of Education and Training stipulating charter of colleges;

At the proposal of Director General of Department of University Education,

The Minister of Education and Training stipulates conditions, dossiers, procedures for opening training discipline, terminating enrolment, withdrawing the decision of opening discipline of training university, college level, as follows:

Article 1. Scope and subjects of application

1. This document provides for conditions, dossiers, procedures for opening training discipline, terminating enrolment, withdrawing the decision of opening discipline of training university, college level.

2. This document applies to universities, institutes and colleges (hereinafter referred to as Training centers), the education and training centers, relative organizations and individuals.

Article 2. Conditions for being considered to open discipline of training university level

The institutes, universities are considered for opening discipline of training university level as ensuring the following conditions:

1. Having the team of tenured lecturers undertaking to teach at least 70% of the volume of training programs, including at least 01 lecturer having doctoral level and 03 lecturers having master s degree to be right registration discipline.

2. Having training programs of the training registration discipline and a detailed outline of the modules/subjects in the training program to be made in accordance with provision in Annex IV of this Circular.

Name of the training discipline has in the List of fourth grade education, training of university, college level issued by the Ministry of Education and Training.

Case name of the training discipline haven t yet had in the List of education and training at rank IV, university level, institutes, universities must present scientific arguments of the new training discipline has been passed by the training and scientific Council; training practice and experience of some countries in the world, together with reference training programs of at least two universities accredited in foreign countries.

3. Having material facilities, equipment to meet requirement of discipline of training university level, specifically:

a) Having classrooms, laboratories and practical workshop, production and testing facilities with the equipment necessary to meet the requirements of teaching, studying and scientific research of training discipline;

b) The school s library has room for searching information, software and other equipment for the loan, reference materials, sufficient information and data sources: books, textbooks, lectures of modules/subjects, the relevant documents, domestic and overseas magazines published within 10 years to meet the requirements of teaching and learn modules/subjects in training programs and scientific research of the training discipline;

c) Having buildings for leisure activities, sports, cultural and medical facilities and services for officials, teachers and students;

d) The school s Website is updated regularly and publicizing the commitment for quality education and practical education quality, publicizing conditions that ensure quality, publicizing the financial collection and spending.

4. Having unit of full time management meeting the requirements of professional skills of managing training operation of university level, regulations of the organization and operation of schools ensuring the implementation of training discipline.

5. Not violating the current regulations on enrolment, organization and management of training and other relevant provisions of law within 3 years prior to the date the training centre submits dossier for registering to open the training discipline.

6. The training registration discipline complies with the planning of human resource development of branch, locality, region and nation.

Article 3. Conditions for being considered to open discipline of training college level

1. Colleges are considered for opening discipline of training college level as ensuring the following conditions:

a) Having the team of tenured lecturers undertaking to teach at least 70% of the volume of training programs in which there are at least 04 lecturers having master s degree to be right registration discipline;

b) Having training programs of the training registration discipline training and a detailed outline of the modules/subjects in the training program to be made in accordance with provision in Annex IV of this Circular.

Name of the training discipline has in the List of fourth grade education, training of university, college level issued by the Ministry of Education and Training.

Case name of the training discipline haven t yet had in the List of education and training at rank IV, college level, colleges must present scientific arguments of the new training discipline has been passed by the training and scientific Council; training practice and experience of some countries in the world, together with reference training programs of at least two universities or colleges accredited in foreign countries;

c) Having material facilities, equipment to meet requirement of discipline of training college level, specifically:

- Having lecturing rooms, classrooms, functional rooms, laboratories and practical workshop with the equipment necessary to meet the requirements of teaching, studying of the modules/subjects in the training program;

- The school s library has room for searching information, software and other equipment for the loan, reference materials, sufficient information and data sources: books, textbooks, lectures of modules/subjects, the relevant documents, domestic and overseas magazines published within 10 years to meet the requirements of teaching and learn modules/subjects in training programs;

- Having buildings for leisure activities, sports, cultural and medical facilities and services for officials, teachers and students; working rooms for teachers, officials of the school for management and training;

- The school s Website is updated regularly and publicizing the commitment for education quality and practical education quality, publicizing conditions that ensure quality, publicizing the financial collection and spending;

d) Having unit of full time management meeting the requirements of professional skills of managing training operation of college level, regulations of the organization and operation of schools ensuring the deployment of training discipline;

đ) Not violating the current regulations on enrolment, organization and management of training and other relevant provisions of law within 3 years prior to the date the training centre submits dossier for registering to open the training discipline;

e) The training registration discipline complies with the planning of human resource development of region and locality.

2. Universities, institutes are opened discipline of training college level when such discipline has been opened at university level according to the Decision of the Minister of Education and Training or of the directors of the universities for the universities are decentralized upon the Decision No. 3360/QD-BGD & DT-TCCB dated 21/6/2005 of the Minister of Education and Training.

Article 4. Competence to decide the opening of discipline of training university, college level

1. The Minister of Education and Training decides to open the discipline of training university level, college level when the training centers ensure the conditions specified in Article 2, Article 3 of this Circular. The opening of discipline of training college, university level in the particular case shall be considered, decided by the Minister of Education and Training.

2. For the universities are decentralized upon the Decision No. 3360/QD-BGD & DT-TCCB dated 21/6/2005 of the Minister of Education and Training, the directors of the universities are decided to open the discipline of training university level, college level when the training centers ensure the conditions specified in Article 2, Article 3 of this Circular.

Article 5. Dossier of registration for opening discipline of training college, university level

When having conditions enough to open discipline of training college, university level specified in Article 2, Article 3 of this Circular, the training centers compile dossiers for opening training discipline, include:

1. A statement of registration for opening training discipline (Annex I).

2. Scheme of registration for opening discipline of training college, university level (Annex II), includes the contents: the necessary to open the training discipline; ability of the training centers; the training program of training registration discipline; scientific CV and documents, evidence enclosed.

3. Minute of passing scheme of registration for opening discipline of training college, university level of the training and scientific Council of the training centers.

4. Minute of inspecting and confirming the conditions of the team of tenured lecturers, facilities, libraries for training registration discipline of local Department of Education and Training (Annex VI).

5. Minute of appraising training program of the training program appraisal Council of the training center for the training centers are permitted to self-appraise the training program or of a reputable training center appointed by the Ministry of Education and Training for the training center not permitted to self-appraise the training program (Annex VII).

Dossier is made into 03 sets.

Article 6. Procedures of consideration for opening discipline of training college level

1. The training center sends 03 sets of dossiers to the Department of Education and Training where the school locates its head office to request for on site examination and determination of conditions on the team of tenured lectures, equipment for training, library of the training center. Concurrently, send official dispatch to the Ministry of Education and Training for permission of training program self-appraisal (Annex VIII) or for this agency to appoint a reputable training center for training program appraisal.

2. Examination and determination of actual conditions on the team of tenured lectures, equipment for training, library for training of training registration discipline.

a) Within 15 working days since the date of receiving valid dossiers, the director of Department of Education and Training issues a decision to set up an inspection delegation. Composition of the inspection delegation includes 01 representative of the board of Department directors (chief), 01 representative of leaders of the Department of Personnel Organization and a specialist (as the task of Secretariat).

The inspection delegation conducts to cross-check the contents declared in dossier with the actual conditions such as the school s payroll, lecturers insurance book and diplomas, certificates of lecturers, facilities and library and makes the minute of inspection (Annex VI).

b) Based on the minute of inspection, Director of Department of Education and Training certifies the real situation into the statement of dossier of registration for opening training discipline of the training centres for its ability.

3. Training centres that are entitled to appraise training program

a) Training centres are entitled to appraise by themselves program of training university level when having sufficient the following conditions:

- Having been established more than 05 years and having at least 01 regular course of official students was graduated;

- Having at least 05 tenured lecturers having doctoral level in which there is at least a professor or a deputy professor or scientific doctor whose professional skill is suitable to the discipline registering for opening discipline of training university level.

b) Training centres are entitled to appraise by themselves program of training college level when having sufficient the following conditions:

- Having been established more than 05 years and having at least 01 regular course of official students was graduated;

- Having at least 05 tenured lecturers having master degree or more in which there are at least 02 lecturers having doctoral level, scientific doctor or an scientific title being professor or deputy professor whose professional skill is suitable to the discipline registering to open discipline of training college level;

4. Training centres are not entitled to appraise by themselves training program when:

a) Failing to ensure the conditions in clause 2 of this Article;

b) When registering to open disciplines of training college, university level which do not have in the List of the fourth training, education;

c) Having violations in the process of self-appraisal of training program.

These centres send official dispatch to the Ministry of Education and Training to request for appointing a reputable training center to appraise training program.

5. The training centres are appointed to appraise the program of training college, university level to other training centers by the Ministry of Education and Training when having fully the following conditions:

a) The training centres are appointed to appraise the program of training university level:

- Having at least 05 tenured lecturers having doctoral level in which there is at least a professor or a deputy professor or scientific doctor whose professional skill is suitable to the discipline registering for opening discipline of training university level;

- Deploying to train university level of the discipline need to be appraised and there are at least 05 regular courses of official students of the discipline need to be appraised were graduated. In case discipline does not have in the list of the fourth level, the Ministry of Education and Training will appoint a reputable training center trained disciplines in the same discipline block for program appraisal.

b) Training centers are appointed to appraise the program of training college level:

- Having at least 05 tenured lecturers having master degree or more in which there are at least 02 lecturers having doctoral level, scientific doctor or an scientific title being professor or deputy professor whose professional skill is suitable to the discipline registering for opening discipline of training college level;

- Deploying to train college level of the discipline need to be appraised and there are at least 05 regular courses of official students of the discipline need to be appraised were graduated. In case the discipline has not been got in the list of the fourth level, the Ministry of Education and Training will appoint a reputable training center trained disciplines in the same discipline block for program appraisal.

6. The process of appraising training program

After receiving opinions of the Ministry of Education and Training on permitting the self-appraisal of training program or appointing a reputable training center for appraising training program, the training centers conduct the following duties:

a) If the training center is permitted the self- appraisal of training program, head of the training center makes a decision to establish an appraisal council and hold to meet such council for appraising their centers training program.

b) If the training centers are not permitted the self- appraisal of training program after receiving opinions of the Ministry of Education and Training, the training centers send 05 sets of training programs to the training center appointed by the Ministry of Education and Training to appraise the training program. Within 30 working days since the date that the Ministry sends an official dispatch to appoint the training center conducting the duty of appraising other training centers training program and receiving the training program of the training center requesting for appraisal, head of the training center appointed to do the appraisal duty makes decision to establish appraisal council and hold to meet such council for appraising the training program.

c) Appraisal council

- Appraisal council of university level training program includes 05 members having scientific title being professor or deputy professor, having scientific doctorial level or doctor to be of the discipline registering for opening training discipline. Appraisal council includes a chairman, two opponents, secretary and commissioner.

- Appraisal council of college level training program includes 05 members, the members must have master degree or more in which there are at least 02 members having scientific doctoral level, doctor or a scientific title being professor or deputy professor whose professional skill is suitable to the discipline registering for opening discipline of training college level. Appraisal council includes a chairman, two opponents, secretary and commissioner in which chairman of the council is the person having scientific doctoral level, doctor or a scientific title being professor or deputy professor.

d) Contents of and method to conduct the meeting of the training program appraisal council are provided in Annex VII of this Circular.

After listening to representatives of the training centers having the discipline needs to be appraised to present the report, council members ask questions, training centers explain, council members discuss and secret ballot. The appraisal Council makes record of the appraisal.

Head of the training center conducting appraisal duty certifies into the minute of the appraisal council (Annex VII) and into the training program (Annex IV) in the dossier of registering to open discipline of training college, university level of the training center.

7. The funding for training and education centers to conduct the examination and the fund for organizing appraisal of the appraisal council shall be paid by the training centers registering to open the training discipline in accordance with current regulations.

8. After implementing the provisions in clause 1 and clause 5 of this Article, the training centers registering to open the training discipline of university, college level send dossier to the Ministry of Education and Training.

a) The consideration of dossiers registering to open the training discipline of university, college level is implemented on March, June, September, and December of every year.

b) If dossiers registering to open the training discipline ensure the conditions and meet requirements as provided, within 30 working days from the first day of the above months, the Minister of Education and Training issues decision to open the training discipline of university, college level;

c) Dossiers registering to open the training discipline ensure the conditions according to provision, however, there are still several contents need to be completed, within 30 working days from the first day of the above months, the Ministry of Education and Training issues written notification to the training centers on the appraisal results and contents need to be completed. within 30 working days since the date of receiving the completed dossiers of the training centers, if the training centers meet conditions as provided, the Minister of Education and Training issues decision to open the training discipline of university, college level;

d) If dossiers registering to open the training discipline of the training centers have not met the conditions according to provision, within 30 working days from the first day of the above months, the Minister of Education and Training issues written notification on the appraisal results, dossier status and requesting the training centers to continue to prepare the conditions.

9. In the necessary cases, the Ministry of Education and Training shall organize to inspect, examine, re-appraise the training centers.

Article 7. Suspending the enrolment of training discipline of college, university level

1. The training centers are suspended the enrolment of training disciplinewhen happening one of the following cases:

a) Failing to ensure one of the conditions provided in Article 2, Article 3 of this Circular;

b) Enrolment is fail in 03 consecutive years;

c) Holding to enrol and train outside the location permitted to train;

d) The permit to open discipline competent person is not proper competence;

đ) Violating law regulations on education which has been sanctioned administrative violations at the must-be-suspended level;

e) Other cases according to law regulations.

2. The permit to open training discipline competent person is competent to decide the suspension of enrolment. The decision to suspend the enrolment of training discipline must state clearly the reason for so, stipulate clearly the time limit of suspending the enrolment, specific measures to ensure interests of student and lecturers.

3. Order, procedures of the suspension of enrolment or permission of re-enrolment:

a) When detecting the training centers violating one of cases provided in clause 1 of this Article, the Ministry of Education and Training organizes the examination to valuate the seriousness of violation;

b) Based on the seriousness of violation of the training centers, the Minister of Education and Training issues decision to suspend the enrolment;

c) After the time limit of suspending enrolment, if the cause which leads to such suspension is remedied and having dossier to request for being re-enrolled of the training centers, the competent to terminate enrolment person issues decision to permit the training centers to be re-enrolled. In case of having not permitted yet to re-enrol, to the Ministry of Education and Training issues written reply to the training centers for notification and solving direction;

d) Dossier to request for being re-enroled:

- A statement to request for being re-enroled;

- A report explaining the remedy of cause leading to the suspension of enrolment, enclosed with evidences.

Article 8. Withdrawal of decision to open discipline of training college, university level

1. Training centers are withdrawn decision to open training discipline when happening one of the following cases:

a) Having fraud acts to be opened discipline of training college, university level;

b) Committing seriously violations of provisions on management, organization, training at its site;

c) The time limit to suspend the enrolment of training discipline expired but the training centers have not remedied the cause leading to such suspension;

d) Failing to gain standards at the inspection period (inspection of training center, training program) according to provision of the Ministry of Education and Training;

đ) Violating law regulations on education sanctioned administrative violations at the must-withdraw level;

e) Other cases according to law regulations.

2. The withdrawal decision, decision to open training discipline must determine clearly the reason for withdrawal, measures to ensure students, lecturers interests.

3. The competent to open training discipline person is competent to withdraw the decision to open training discipline.

4. Order, procedures to withdraw the decision to open training discipline:

a) When the training centers violate one of the cases provided in clause 1 of this Article, the Ministry of Education and Training organizes examination to valuate the seriousness of violations;

b) Based on the seriousness of violations, the Minister of Education and Training issues decision to withdraw the decision to open training discipline.

Article 9. Responsibility and rights of training centers

1. Organizing the examination and determination of actual conditions on the team of tenured lecturers, equipment for training, library when training centers have request.

2. Being entitled to review dossiers, documents relating to team of lecturers, equipment for training, library of the training centers and being entitled to request the training center to supply relative documents, information.

3. Taking responsibility for the faithfulness, accuracy of actual examination results on site.

4. Submitting the examination, inspection, supervision of the Ministry of Education and Training and competent functional agencies on actual conditions examination results of training centers.

Article 10. Responsibility of training centers

1. Training centers register to open discipline of training college, university level take responsibility for:

a) Ensuring the faithfulness, accuracy of dossier registering to open discipline of training;

b) Supplying sufficient information at the requirement of the inspection delegation;

c) Organizing examination, inspection according to provisions of law and submitting the examination, inspection, supervision of the Ministry of Education and Training and competent functional agencies on conditions to ensure quality of training disciplines of college, university level of training centers;

d) Heads of training centers takes responsibility for conditions to ensure quality of training disciplines of college, university level of their centers.

2. The training centers being permitted to appraise by themselves training programs take responsibility for the implementation of appraising training programs according to provisions in this Circular. If during the course of appraisal, the centers violate provisions in this Circular, the Ministry of Education and Training shall appoint another training center to re-appraise training program of such training center.

Article 11. Responsibility and rights of training centers appointed to appraise training program

1. Appraising training program of college, university level of training centers provided in this Circular when being appointed by the Ministry of Education and Training.

2. Being entitled to review dossiers, documents relating to building training programs and being entitled to request the training centers to supply relative documents, information.

3. Conducting appraisal objectively, faithfully, taking responsibility for results of training program appraisal.

4. Submitting the examination, inspection, supervision of the Ministry of Education and Training and competent functional agencies on results of training program appraisal.

5. If during the course of appraisal, the training centers being appointed to appraise training program of other centers violate provisions in this Circular, the Ministry of Education and Training shall terminate the assignment of duty to appraise training program.

Article 12. Responsibility of the units under the Ministry of Education and Training

The Department of university education presides over coordination with the Department of Planning Finance,TheEducation Quality Examination and Accreditation Bureau and relative units:

1. To organize to review dossiers and conditions for registering to open training disciplines of college, university level of training centers.

2. Guiding, instructing, examining, supervising the deployment of implementation of duty training disciplines of college, university level according to plan, quality ensuring.

3. Guiding, instructing, examining, supervising the examination and determination of training, education centers, appraisal of training program of training centers being appointed to make appraisal duty or self-appraise training program.

Article 13. Effect

1. This Circular takes effect on April 03, 2011.

2. Annulling Article 17 of charter of college, issuing together with the Circular No.14/2009/TT-BGDDT dated May 28, 2009 of the Minister of Education and Training.

3. The previous provisions contrary with this Circular are annulled.

Article 14. Implementation organization

Chief of Ministry office, Director general of Department of University Education, Director general of Department of Planning Finance, heads of relative units under the Ministry of Education and Training, universities, institutes, colleges, the Department of Education and Training are responsibility for the implementation of this Circular.