Integrated document No. 07/VBHN-BGDDT dated December 09, 2024 Circular on conditions, processes and procedures for opening and suspension of academic majors at undergraduate, master's and doctoral levels
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MINISTRY OF
EDUCATION AND TRAINING OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 07/VBHN-BGDDT |
Hanoi, December 09, 2024 |
CIRCULAR
on conditions, processes and procedures for opening and suspension of academic majors at undergraduate, master's and doctoral levels
Circular No. 02/2022/TT-BGDDT dated January 18, 2022 of the Minister of Education and Training prescribing conditions and procedures for opening academic majors, suspending academic majors at undergraduate, master's and doctoral levels, which comes into force from March 04, 2022, is amended by:
Circular No. 12/2024/TT-BGDDT dated October 10, 2024 of the Minister of Education and Training [1] amending certain articles of Circular No. 02/2022/TT-BGDDT dated January 18, 2022 of the Minister of Education and Training prescribing conditions and procedures for opening academic majors, suspending academic majors at undergraduate, master's and doctoral levels, which comes into force from January 05, 2025.
Pursuant to the Law on Education dated June 14, 2019;
Pursuant to Law on Higher Education dated June 18, 2012; Law on amendments to the Law on Higher Education dated November 19, 2018;
Pursuant to Decree No. 69/2017/ND-CP dated May 25, 2017 of the Government on functions, tasks, powers and organizational structure of the Ministry of Education and Training;
Pursuant to Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government of Vietnam elaborating certain Articles of the Law on amending certain articles of the Law on Higher Education;
At the request of the Director General of Higher Education Department;
The Minister of Education and Training hereby promulgates a Circular on conditions and procedures for opening academic majors, suspending academic majors at undergraduate, master’s and doctoral levels. [2]
CHAPTER I
GENERAL PROVISIONS
Article 1. Regulated scope and entities
1. This Circular provides regulations on conditions, processes and procedures for opening and suspension of academic majors at undergraduate, master's and doctorial levels.
2. This Circular applies to higher education institutions; other educational institutions permitted to provide education at undergraduate, master’s and doctoral levels; academies and educational institutes established by the Prime Minister according to the Law on Science and Technology permitted to provide education at doctoral level (hereinafter referred to as “academic institutions”); and relevant organizations and individuals.
Article 2. Definitions
For the purposes of this Circular, these terms below shall be construed as follows:
1. “list of academic majors” means level-four classification of education at various higher education levels, issued by the Ministry of Education and Training.
2. “Academic majors” means a collection of professional knowledge and skills within the scope of occupations, science and technology, which are specified in the list of academic majors.
3. “academic sub-discipline” means a collection of some academic majors with common professional characteristics within the scope of occupations, science and technology, which are specified according to Level III classification of the national education system in accordance with the Prime Minister’s regulations.
4. “Academic discipline/field of study” means a collection of some academic sub-disciplines with common knowledge and skill characteristics within the scope of occupations, science and technology, which are specified according to level-two classification of education of national education system.
7. “components of an academic curriculum” means a classification of modules/units of subjects and other academic and research activities having common professional characteristics; and playing a distinct role in the implementation of a set of objectives and output requirements of the academic curriculum. These components are used to design the overall structure of the academic curriculum (such as general education, basic science, basic and core knowledge of the major, internships and experiences, scientific research and other components).
8. “Full-time lecturers eligible for the opening of academic majors” includes lecturers entering into a long-term contract (hereinafter referred to as “permanent lecturers”) and lecturers entering into an employment contract for a fixed term of full 12 months or more (hereinafter referred to as "fixed-term lecturers") who are working full-time at academic institutions (hereinafter referred to as “full-time lecturers”). To be specific:
a) Permanent lecturers shall be determined as prescribed in point e clause 1 Article 10 of Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government elaborating certain articles of the Law on amendments to certain articles of the Law on higher education;
b) Fixed-term lecturers shall be working full-time at academic institutions according to applicable regulations of the Ministry of Education and Training on working regulations of university lecturers for the whole academic year upon submitting applications for registration of opening majors and not conclude any employment contract for a term of 3 months or more with other employers/institutions.
9. “Guest lecturers eligible for opening of academic majors” include individuals who are not specified in clause 8 of this Article but have concluded guest lecturer contracts with academic institutions in accordance with the law, are teaching according to the assigned plan upon submission of applications for registration of opening majors, and are paid according to their guest lecturer contracts concluded with their academic institutions.
Chapter II
Conditions of opening of academic majors
Article 3. General conditions
Academic institutions must meet general conditions when opening academic majors at undergraduate, master’s and doctoral levels, including:
1. Regarding proposed academic majors and training levels
a) Meet demands of human resources for the socio-economic development of local areas, regions and the country and of academic disciplines to ensure international integration; correspond with the approved and published human resource development planning by ministries, central authorities, local authorities or official reports of competent state agencies (if any), correspond with functions, tasks and development strategies of academic institutions;
b) Be included in the List of academic majors (except in cases of specific regulation by the Government and the Prime Minister); the proposal to add new majors to the List of academic majors shall comply with the Circular regulating the List of academic majors of higher education.
2. Regarding lecturers:
a) Academic institutions must employ enough qualified lecturers (including full-time lecturers and guest lecturers) meeting eligibility requirements for lecturers in accordance with academic curriculum standards of training levels, academic disciplines, academic sub-disciplines and academic majors, including guest lecturers (calculated for each academic year) only undertake a maximum of 30% of the teaching load in each academic component; for academic majors under the Arts discipline (specified in Appendix I [6] enclosed herewith), guest lecturers may undertake up to 40% of the teaching loads in each academic component;
b) Regarding pedagogy major of ethnic minority languages of Vietnam, Vietnamese language, literature and culture major, foreign language, literature and culture major, physical training and sports major (according to the List of academic majors) and academic majors under the Arts discipline, provisions of point a of this clause and the following regulations must be complied:
- Lecturers who are the People's Artists or the People's Artisans or the People's Teachers (these titles conferred by the State) and have the master’s degrees in the majors equivalent to the proposed academic majors may replace lecturers who have doctoral degrees but do not preside over the development and execution of these academic curricula (for academic majors at undergraduate level); or, and have doctoral degrees of the majors equivalent to the proposed academic majors may replace lecturers who are associate professors but do not preside over the development and execution of these academic curricula;
- Lecturers of academic majors of Vietnamese ethnic minority language under the Vietnamese language, literature and culture the sub-discipline must be ethnic minorities or individuals who have good command of languages and culture of ethnic minorities in conformity with proposed academic majors. In addition, if these lecturers obtain master's degrees, they may replace lecturers who get doctoral degrees but do not preside over the development and execution of these academic curricula (for academic majors at undergraduate level); or if these lectures have doctoral degrees, they may replace lecturers who are associate professors but do not preside over the development and execution of these academic curricula.
c) Regarding academic majors of the Health discipline (according to the List of academic majors), lecturers and practical instructors of subjects and modules related to medical examination and treatment must obtain healthcare practicing certificates [7], have worked or currently work at health facilities eligible for being practice facilities providing education in the health discipline according to the regulations of the Government on organizing practical training in the category of health.
d) [8] Lecturers presiding over the development and execution of academic curricula and lecturers directly teaching these academic curricula must be permanent lecturers not exceeding the maximum retirement age as stipulated by the Government regarding retirement at an older age for public employees in public service providers; annually, they must directly teach the entirety of certain mandatory modules or act as main advisors for master’s theses and doctoral dissertations in the academic curricula.
3. Regarding material facilities:
a) There are material facilities, equipment, libraries and textbooks that meet requirements for teaching, learning and researching according to requirements of academic curricula and meet requirements for material facilities as prescribed in the academic curriculum standards of academic disciplines, sub-disciplines and majors and provisions herein;
b) There are enough classrooms, laboratories, experimental production facilities, information technology systems, system of management of study assistance and training and essential equipment to meet requirements for teaching, learning and scientific research in accordance with academic curricula, and in conformity with the training scale at each training level. Academic institutions must have plans for using classrooms and laboratories with specific areas and equipment of each laboratory conformable to the number of students for each desk and equipment in each laboratory and conformable to the training scale according to requirements of academic curricula of each academic year;
c) Have contracts for cooperation in practical training with the practical facilities outside the academic institutions [9] in conformity with plans for teaching, learning and scientific research for the whole course; the practical facilities in the health discipline must have principal contracts for practical training in compliance with regulations of the Government on the organization of practical training in the health sub-disciplines;
d) Have traditional libraries and electronic libraries providing sufficient teaching, learning, and research syllabi and materials of lecturers and learners; have copyright access to domestic databases of scientific journals and books that relate to academic majors, meeting requirements of academic majors, training levels, suitable for the scale of training; since academic year of 2023 – 2024, t is mandatory for academic institutions to obtain copyright access to international databases of scientific journals and books related to academic majors, meeting requirements of academic majors and training levels, suitable for the scale of training;
dd) Have websites which are fully posted with information required to be public in accordance with regulations of the Ministry of Education and Training and relevant laws.
4. The academic curriculum of the proposed majors shall be formulated, approved and promulgated according to regulations of the Ministry of Education and Training in a manner that meet academic curriculum standards of the academic discipline and conform to National Qualifications Framework.
5. Academic institutions already have faculty-level units or equivalents to manage teaching and learning activities, lecturers, learners and other management tasks for the proposed academic majors.
6. Academic institutions must meet minimum requirements and conditions according to applicable regulations of the Ministry of Education and Training to prepare for online teaching with academic quality assurance as per regulations.
7. Institution councils have had resolutions on approval for guidelines on opening academic majors of the academic institutions. In case an academic institution has not established a council, it is required to obtain a written approval for guidelines on opening academic majors of the academic institution's governing body
8. [10] A major at the doctoral or master’s level is considered applicable to an academic major at the lower level provided that one of the following requirements is met:
a) It has the same name or meets the regulations in academic curriculum standards issued by the Ministry of Education and Training;
b) In case no academic curriculum standards of the equivalent discipline or sub-discipline are issued: It is required to have scientific and practical grounds and it has been determined by the science and training council of the academic institution as the major with the closest professional foundation to the academic major, which is chosen by the majority of graduates of the academic major when pursuing higher degrees;
c) It is certified by the Ministry of Education and Training on the basis of the feedback from the consulting council established by the Ministry of Educations and Training.
9. [11] A major at the doctoral level is considered applicable to an academic major of the same level provided that one of the following requirements is met:
a) They have the same name or meet the regulations in academic curriculum standards issued by the Ministry of Education and Training;
b) In case no academic curriculum standards of the equivalent discipline or sub-discipline are issued: It is required to have scientific and practical grounds and it has been determined by the science and training council of the academic institution as the major with the same professional foundation and under the same sub-discipline to the academic major;
c) It is certified by the Ministry of Education and Training on the basis of the feedback from the consulting council established by the Ministry of Educations and Training.
Article 4. Conditions for opening academic majors at undergraduate level
An academic institution wishing to open an academic major at undergraduate level must meet general conditions for opening the academic major as prescribed in Article 3 hereof and the following specific conditions for the entire courses upon submission of applications for opening the academic major:
1. There is at least 01 Ph.D in an appropriate major who is a permanent lecturer but is not the permanent lecturer who is required for the opening of another academic major at the undergraduate level (in case the proposed academic major is combined by different majors under different sub-disciplines or is an interdisciplinary major that is sorted simultaneously into some different sub-disciplines, provided each combining major has at least 01 Ph.D in an appropriate major who is a permanent lecturer) and the lecture must have at least 3 years of experience in managing the undergraduate training or teaching to take charge of the academic curriculum.
2. There are at least 05 Ph.Ds who are permanent lecturers with appropriate expertise for directly teaching the academic curriculum (including Ph.Ds of the appropriate majors specified in clause 1 of this Article) in which each component of the academic curriculum must have lecturers with appropriate expertise for directly teaching the academic curriculum. Particularly, for pedagogy majors of ethnic minority languages of Vietnam, Vietnamese language, literature and culture majors, foreign language, literature and culture majors, physical education and sports majors (according to the List of academic majors) and academic majors under the Arts discipline (prescribed in Appendix I [12] issued herewith), it is required to have at least 03 Ph.Ds who are permanent lectures with appropriate expertise.
3. The lecturers teaching the academic curriculum (specified in point a clause 2 Article 3 of this Circular) must be adequate for the first 02 academic years of the academic curriculum, in which at least 02 lecturers with appropriate expertise are assigned to undertake each module of the academic curriculum and the student-lecturer ratio is ensured according to regulations; there are plans for recruitment and development of lecturers for the next academic years of the entire course so that at least 01 year before the beginning of the third academic year onwards, there are enough qualified lecturers for the academic curriculum for each academic year of each course. For academic majors under the Health, Law or Pedagogy Science discipline (according to the List of academic majors), there must be adequate lecturers for these majors (prescribed in Point a Clause 2 Article 3 hereof) for the entire course upon submission of applications for opening these majors.
4. For the Health discipline, the conditions prescribed in clauses 1, 2 and 3 of this Article and specific conditions for lecturers for each academic major as prescribed in Table 1 of Appendix II [13] issued herewith must be satisfied. For the Law discipline, the conditions prescribed in clauses 1, 2 and 3 of this Article must be satisfied and there are at least 03 Ph.Ds in the Law majors.
5. Material facilities as prescribed in Point b Clause 3 Article 3 hereof must be equipped adequately for the first 02 years of the academic curriculum and it is required to have plans for investment in material facilities and purchase of equipment for the following academic years of the entire course so that, since the third academic year, by at least 01 year to the beginning of a new academic year, material facilities must be equipped adequately to meet the requirements of the academic curriculum for each academic year of each course. For academic majors under the Health, Law or Pedagogy Science discipline, there must be adequate material facilities (prescribed in Point b Clause 3 Article 3 hereof) for the entire course upon submission of applications for opening these majors.
6. For the Health discipline, the conditions prescribed in clause 5 of this Article and specific conditions on laboratories for each academic major as prescribed in Table 2 of Appendix II [14] issued herewith must be met. For the Law discipline, the conditions prescribed in clause 5 of this Article must be met and there must be mock courtroom and legal (consulting) practical centers.
7. [15] For pedagogy majors of ethnic minority languages of Vietnam and academic majors of ethnic minority languages, if the conditions prescribed in clauses 1, 2 and 3 of this Article are not met, the academic institution must develop and submit a Scheme for opening these majors to the Ministry of Education and Training for consideration and decision on the basis of the feedback from the consulting council established by the Ministry of Education and Training.
8. [16] Lecturers with appropriate expertise specified in clause 2 of this Article must satisfy the regulations in the academic curriculum standards and one of the following requirements:
a) These lectures must obtain master’s or doctoral degrees in the appropriate majors specified in clause 8 Article 4 of this Circular;
b) These lectures must possess master’s or doctoral degrees in majors that is determined by the science and training council of the academic institution as suitable to directly teach at least 02 core modules in a component of the academic curriculum and have at least 02 years of experience in directing teaching those modules.
Article 5. Conditions for opening academic majors at the master’s level
An academic institution opening an academic major at the master’s level must meet general conditions for opening the academic major as prescribed in Article 3 hereof and the following conditions for the entire course upon submission of an application for opening the academic major:
1. There must be at least 05 Ph.Ds in appropriate majors who are permanent lecturers (regarding pedagogy major of ethnic minority languages of Vietnam, Vietnamese language, literature and culture majors, foreign language, literature and culture majors, physical education and sports majors and academic majors under the Arts discipline, there must be at least 03 Ph.Ds in appropriate majors who are permanent lecturers), including 01 professor or associate professor who has at least 03 years of experience in managing the training or teaching at university (who is not the permanent lecturer who is required for the opening of another academic major at the master’s level) to develop and organize the academic curriculum.
2. There must be adequate qualified lecturers for the academic curriculum, including permanent lecturers with appropriate expertise in directly teaching each subject or module in the academic curriculum.
3. There must be adequate qualified instructors of dissertations in accordance with applicable regulations on admission and training at master’s level of the Ministry of Education and Training.
4. [17] The academic institution must have experience in organizing training and scientific research related to the academic major, meeting one of the following conditions:
a) An academic major at master’s level is appropriate for a major in which undergraduate degrees have been granted;
b) Within the last 5 years, the lecturers specified in clause 1 of this Article must have had at least 02 years of experience in directly teaching over 50% of the modules in the academic curriculum; and, they must have published at least 20 articles and scientific reports in scientific journals that are evaluated by the State Council for Professorship for the academic major, in the role of the lead author or corresponding author.
Article 6. Conditions for opening academic majors at the doctoral level
An academic institution opening an academic major at the doctoral level must meet general conditions for opening the academic major as prescribed in Article 3 hereof and the following conditions for the entire course upon submission of an application for opening the academic major:
1. There must be at least 01 professor or 02 associate professors and 03 Ph.Ds in appropriate majors who are permanent lecturers (regarding pedagogy major of ethnic minority languages of Vietnam, Vietnamese language, literature and culture majors, foreign language, literature and culture majors, physical education and sports majors and academic majors under the Arts discipline, there must be at least 01 professor or 01 associate professor and 02 Ph.Ds in appropriate majors who are permanent lecturers), including 01 professor or associate professor who has at least 03 years of experience in managing the undergraduate training or teaching (who is not the permanent lecturer who is required for the opening of another academic major at the doctoral level) to develop and organize the academic curriculum.
2. There must be adequate qualified lecturers for the academic curriculum. Lecturers participating in the teaching must meet the standards of lecturers teaching at the doctoral level in accordance with the applicable regulations on admission and training at the doctoral level of the Ministry of Education and Training serving the teaching in the academic curriculum. To be specific, there must be permanent lecturers with appropriate expertise in directly teaching subjects or modules in the academic curriculum.
3. There must be adequate qualified doctoral supervisors in accordance with applicable regulations on the admission and training at doctoral level of the Ministry of Education and Training.
4. [19] The academic institution must have experience in organizing training and scientific research related to the academic major, meeting one of the following conditions:
a) An academic major at doctoral level is appropriate for a major in which master’s degrees have been granted;
b) Within the last 5 years, the lecturers specified in clause 1 of this Article must have participated in instructing 05 Ph.D theses in the academic major which are unanimously upheld (at another institution); and, they must have published at least 50 articles and scientific reports in scientific journals that are evaluated by the State Council for Professorship for the academic major, in the role of the lead author or corresponding author.
5. [20] The academic institution must satisfy criteria of higher education institution standards applicable to doctoral training institutions, including:
a) Criterion 2.3 regarding the ratio of full-time lecturers with doctoral degrees;
b) Criterion 6.1 regarding the proportion of revenue from scientific and technological activities (excluding academic institutions under the Ministry of National Defense and the Ministry of Public Security);
c) Criterion 6.2 regarding the average number of scientific and technological publications per full-time lecturer.
Chapter III
PROCEDURES FOR OPENING OR SUSPENDING ACADEMIC MAJORS
Article 7. Development, proposal and approval of guidelines on opening academic majors
1. Directors and principals of academic institutions (hereinafter referred to as "Principals") shall direct and organize development and proposal of guidelines on opening academic majors.
2. The proposed contents of the guidelines on opening a major include:
a) Regarding the necessity of the guideline proposal: report on analysis and description of training needs and demands for human resources serving the current and future labor market; analysis and forecast of human resource demands for quantity and qualifications as well as investigation of request for learners' capacity after graduation that employers find and scale of human resource market according to the major; analysis of the orientation of development of the major on the world and conformity with development of the major and training level of the academic institution, conformity with duties and strategic objectives of the academic institution, planning strategies for socio-economic development of the major, its local area, region and the country;
b) Regarding the capacity of the academic institution: report on analysis and description of available capacity of the academic institution for the academic major and training level proposed to open, including lecturers, material facilities, technology and [21] study materials, academic curriculum, scientific research, enterprise cooperation and international cooperation;
c) Regarding orientation of development: report on description of expected results of the duration of opening the major, duration of organizing the academic curriculum, objectives, enrolment plan and quantity and training scale of the major during the next 05-10 years, training quality, effectiveness, and social impact;
d) Regarding implementation solutions and roadmap: report on description of solutions and roadmap of developing a scheme for opening the academic major, academic curriculum, demands and plans for investment in material facilities, technology and study materials, demands and plans for recruitment and development of lecturers to meet conditions for opening the academic major, plans on assessment and verification of the academic curriculum;
dd) Regarding risk prevention measures and actions: report on analysis and description of forecasts about possible risks and prevention measures and actions; report on specific analysis of risk management measures in case the academic institution is shut out;
3. Science and training council of the academic institution shall organize verification and come to conclusion on the proposed guideline on opening the academic major in a manner of full contents and quality according to regulations specified in clause 2 of this Article and relevant applicable laws.
4. Approval of the guidelines on opening an academic major
On the basis of the proposed guidelines on opening the academic major verified and concluded by the science and training council according to regulations specified in clause 3 of this Article, the principal shall make a report and submit it to the institution council for approval; the parent university director shall make a report and submit it to the school council for approval for the academic major including multiple subsidiaries participating in executing the academic curriculum. The institution council and school council shall take responsibility for:
a) Orientation towards development of the proposed major must be conformable to the orientation towards development of the academic institution and human resource demands of ministries, central authorities, local authorities, the country and international integration;
b) Resources serving the effective implementation of the scheme on opening the academic major must be ensured.
c) Assessment of risk forecasts, prevention measures and remedies in case there are risks during the opening of the academic major.
In case the academic institution has not established a council, it shall propose to the academic institution's governing body to approve and take responsibility for management, inspection and supervision of development and implementation of the scheme for opening academic major of the academic institution.
5. Academic institutions shall specify the development and proposal of guidelines on opening academic majors, prescribe the development of plans, assignment of duties, implementation duration, expected products and organization of implementation for each content of development and proposal of the guidelines on opening the academic majors (prescribed in Clause 2 of this Article) including regulations on responsibilities, powers and cooperation between collectives and individuals of the academic institutions in developing and proposing the guidelines and specific regulations on responsibilities and working principles of the science and training council in verification (prescribed in clause 3 of this Article) of the proposed guidelines on opening the academic majors of the academic institutions.
Article 8. Developing schemes and preparing conditions for opening academic majors
On the basis of the approved guidelines, the principals or directors (for academic majors including multiple subsidiaries participating in implementing academic curricula) shall direct and organize the development of schemes for opening academic majors. Contents of a scheme for opening an academic major:
1. Some basis information on the academic institution: brief introduction to the academic institution.
2. The necessity for opening the academic major: short report on contents of the approved guidelines.
3. Conditions of the academic curriculum: the principal of the academic institution shall direct and organize the development, verification and promulgation of the academic curriculum in a manner of compliance with regulations of the Law on higher education, the Ministry of Education and Training and relevant applicable laws.
4. Conditions for lecturers and scientific staffs
a) On the basis of conditions for lecturers as prescribed herein and realistic conditions of the academic institution, the principal of the academic institution shall direct and organize the preparation of lecturers and scientific staffs to meet conditions for opening the academic major corresponding to each training level as prescribed in this Circular and relevant applicable laws;
b) The principal shall develop plans, determine duration and roadmap and commit the implementation and assignment of specific duties to units, organizations and individuals of the academic institution and organize the implementation of recruitment, conclusion of contracts and development of lecturers and scientific staffs in a manner that ensures quantity and quality according to requirements of the academic curriculum and teaching assignment, conforms to teaching, learning and researching plans of lecturers and their learners for each academic year of the entire course and the training scale, meets the conditions for opening the academic major according to provisions hereof and regulations of the academic institution, ensures compliance with relevant regulations of applicable laws, and the commitment must be stated in the scheme for opening the academic major.
c) [22] In case there is no basis for clearly determining appropriate majors of lecturers, the academic institution shall send a report on relevant information as specified in point d clause 8 of this Article and request the Ministry of Education and Training to establish a consulting council for verification. The consulting council has 3 to 5 members who are lecturers, experts with appropriate qualifications and professional experience, representatives of reputable academic institutions in related majors and sub-disciplines.
5. Conditions for material facilities
a) On the basis of conditions for material facilities as prescribed herein and realistic conditions of the academic institution, the principal of the academic institution shall direct and organize the investment in material facilities to meet conditions for opening the academic major corresponding to each training level as prescribed in this Circular and relevant applicable laws;
b) The principal shall develop plans, determine duration and roadmap and commit the implementation and assignment of specific duties to units, organizations and individuals of the academic institution and organize the investment in material facilities in a manner that ensures quantity and quality according to requirements of the academic curriculum, conforms to teaching, learning and researching plans of lecturers and their learners for each academic year of the entire course, conforms to the training scale, meets the conditions for opening the academic major according to provisions hereof and regulations of the academic institution, ensures compliance with relevant regulations of applicable laws, and the commitment must be stated in the scheme for opening the academic major.
6. Conditions for organizing management apparatus
a) Determine faculty-level units or equivalents to manage teaching and learning activities, lecturers, learners and other management tasks for the proposed academic major.
b) Appoint academic managers and assign responsibilities and powers to collectives of academic managers and individual academic managers for management and organization of teaching and learning activities, lecturers for the proposed academic major.
7. Plans, risk prevention measures and remedies
a) Report on analysis of socio-economic development situation and forecast for possible movements, analysis of strength and weakness of the academic institution and other relevant contents and forecast for possible risks while opening the major and performing enrolment and training and general solutions for promptly limiting risks as well as proposing specific proactive plans for prevention and handling of these risks;
b) Report on risk management measures in case the academic major of the academic institution is suspended including specific plans and measures for protection of the rights of learners, lecturers, the academic institution and relevant parties.
8. Evidences enclosed with the scheme
a) A resolution on approving guidelines for opening the academic major of the school council or a written approval for guidelines for opening the academic major of the academic institution's governing body (in case the academic institution has not established an school council);
b) An appraisal minute of the scheme on opening the academic major of the science and training council;
c) Decisions on establishment of a development council and an appraisal council; an appraisal minute of the academic curriculum of the appraisal council; a decision on promulgating the academic curriculum;
d) A list of lecturers and scientific staffs eligible for opening the academic major according to regulations specified in clause 4 of this Article including information specified in the report form in Section 1 (for lecturers) and Section 2 (for scientific research findings) of Appendix III [23] promulgated herewith; copies of decisions on recruitment or employment contracts, certified copies of degrees granted by Vietnamese academic institutions or foreign academic institutions and written confirmations of these degrees issued by competent authorities;
dd) A list of prepared material facilities and equipment serving experiments and practical activities meeting conditions for opening the academic major as prescribed in clause 5 of this Article, including information specified in the report forms in Section 3 (for material facilities, equipment and libraries serving the implementation of the academic curriculum) of Appendix III [24] issued herewith;
e) A principal contract for practical training according to regulations of the Government on organization of practical training for the health discipline (for schemes for opening majors under the health discipline).
9. The academic institution shall specify development of the scheme on opening the academic major, prescribe development of plans, assignment of duties, implementation duration, expected products and organization of implementation thereof, prescribe responsibilities, powers and cooperation between collectives and individuals of the academic institution in developing the scheme and setting out conditions for opening the academic major, prescribe monitoring, supervision and evaluation of performance results, adjustment and decision for each content of the scheme as prescribed from clause 1 to clause 8 of this Article during the period of developing the scheme for opening the academic major of the academic institution.
Article 9. Appraisal of schemes for opening academic majors
1. A science and training council shall appraise a scheme for opening an academic major. To be specific, the appraisal council must consider and assess realistic conditions of the academic institution on the basis of provisions hereof, regulations of the academic institution and applicable laws, assess the fulfilment of conditions for opening the academic major for each specific content of the scheme, including appraisal of name of the academic major, academic curriculum, lecturers, material facilities, preparedness to convert to online teaching-learning and management organization work for the proposed major.
2. The scheme appraisal result of the science and training council must be recorded in an appraisal minute including specific conclusion of the eligibility or ineligibility for opening the major according to the regulations hereof, regulations of the academic institution and applicable laws. During the appraisal period, the science and training council shall inspect realistic conditions and specific evidences before making conclusion, and report the principal of the academic institution and take responsibilities for explanation for the appraisal result.
3. The academic institution shall specify working principles of the science and training council during the appraisal period, responsibilities and power of the council and its members.
Article 10. Applications for opening academic majors
An application for opening an academic major includes:
1. A written request for opening the academic major: an outline of developments of the scheme, a report expressing the eligibility for opening the academic major and requesting the competent authority to make decision.
2. The appraised scheme for opening the academic major as prescribed in Article 9 hereof which meets all conditions specified in Article 8 hereof.
3. The parent university’s official dispatch on approval of guidelines (in case its subsidiaries open academic majors under the health discipline and pedagogy sub-discipline).
Article 11. Approval for schemes and decisions on opening academic majors
1. For academic institutions eligible for autonomous opening of academic majors (for each training level) according to the provisions specified in clause 3 Article 33 of the Law on higher education (revised in 2018); the provisions specified in the Decree of the Government elaborating certain articles of the Law on amendments to the Law on higher education and other relevant legal regulations (except for academic majors under the health discipline, pedagogy sub-disciplines, national security and defense discipline or cases that an academic institution is a parent university’s subsidiary opening an academic major with many other subsidiaries participating in an academic curriculum), are as follows:
a) Principals of academic institutions shall decide the opening of undergraduate majors and undergraduate levels when these academic institutions meet all conditions for opening the majors as prescribed herein and other relevant laws;
b) Principals of these academic institutions shall specify the submission of applications for opening academic majors for internally reporting and deciding the opening of these majors of these academic institutions.
2. In case academic institutions are member units of undergraduate institutions or units affiliated to undergraduate institutions (hereinafter referred to as “units”) which are ineligible for autonomous opening of academic majors according to provisions of the Law on higher education and other relevant laws, or in case an academic institution is an undergraduate institution’s member unit opening an academic major with many other participants in an academic curriculum, the following shall apply (except for academic majors under the health discipline, pedagogy sub-disciplines and national defense and security discipline):
a) Units shall submit applications for opening academic majors to parent universities for reporting and requiring the parent universities to decide permission of to open academic majors;
b) Directors of parent universities shall decide the opening of academic majors for units meeting all conditions for opening these majors as prescribed herein and these parent universities’ regulations;
c) Directors of parent universities shall specify dossiers on reporting requests for opening academic majors and decisions to open academic majors within the parent universities.
3. For academic institutions which are ineligible for autonomous opening of majors (except for units affiliated to parent universities) or are suspended from autonomous opening of academic majors due to violations of regulations to the extent that they are not permitted to autonomously open academic majors according to the provisions of the Law on higher education and other relevant laws or for the opening of academic majors under the health discipline, pedagogy sub-disciplines, national defense and security discipline, the following shall apply:
a) An academic institution shall send an application for opening a major to the Ministry of Education and Training in person or by post or via online public service portal of the Ministry of Education and Training;
b) The Ministry of Education and Training shall receive and appraise the application; if necessary, the Minister of Education and Training shall decide on the organization of an inspection team for conducting an on-site inspection of conditions for quality assurance at the academic institution. Particularly, for a major under the health discipline, the Ministry of Education and Training shall consult the Ministry of Health about human resource demands for the proposed major and conditions for organizing practical training in the health discipline according to regulations of the Government in writing;
c) Within 30 working days after receiving the application for opening the major of the academic institution, the Minister of Education and Training shall make a decision to permit the opening of the academic major if the application is adequate and meets all conditions for opening the major according to provisions specified herein and other relevant laws. If the application for opening the major [25] of the academic institution is inadequate or does not satisfy the conditions for opening the major, the Ministry of Education and Training shall notify in writing the status of the application and aspects that do not comply with the regulations to the academic institution.
Article 12. Suspension of academic majors [26]
1. An academic institution shall be suspended from enrolling learners in an academic major under the following circumstances:
a) The academic major was opened in accordance with regulations but failed to satisfy the eligibility requirements for maintaining the major during operation as stipulated in this Circular.
b) The academic institution violates other education laws to the extent that enrolment activities must be suspended.
2. An academic institution shall be suspended from training for an academic major under the following circumstances:
a) It autonomously opens the academic major or engages in fraudulent activities to open the academic major without meeting the stipulated conditions.
b) The deadline for the suspension of enrolment activities has expired, but the causes leading to the suspension have not been remedied;
c) The academic institution violates other education laws to the extent that training activities must be suspended.
3. The Minister of Education and Training shall make a decision on suspending the enrolment or training for the academic major when a conclusion of violations against regulations specified in clause 1 and clause 2 of this Article is made by a state competent authority; the suspension period ranges from 6 months to 12 months depending on the severity and nature of such violations. The suspension decision must clearly state the reasons, scope, suspension period, and be publicly announced through mass media.
4. The training institution is suspended from enrolment or training in the academic major as stipulated in Clause 3 of this Article must implement measures to ensure the rights and legal interests of learners, lecturers, management staff, and employees of the academic institution.
5. During the suspension period of the enrolment, if the academic institution has rectified the causes leading to the suspension of enrolment and fully meets the conditions for opening the major as stipulated in this Circular, the Minister of Education and Training will decide to permit the resumption of enrolment for the academic major within 30 days from the end of the enrolment suspension period.
6. During the suspension period of the training, if the academic institution has rectified the causes leading to the suspension of enrolment and fully meets the conditions for opening the major as stipulated in this Circular, the Minister of Education and Training will decide to permit the resumption of training for the academic major within 45 days from the end of the training suspension period. If the academic institution fails to provide sufficient evidence of having addressed the causes leading to the suspension of training and fully meet the conditions for opening the academic major when the training suspension period expires, the decision to open the academic major shall be invalid.
7. In case the academic major has opened but the academic institution fails to enrol during 5 consecutive years, the decision to open the major shall be invalid.
8. In case the decision to open the major is invalid, if the academic institution wishes to continue to enrol and organize training in this major, it must re-implement the procedures for opening the major according to provisions hereof and other relevant laws.
Chapter IV
ORGANIZATION OF IMPLEMENTATION [27]
Article 13. Establishing and implementing regulations of academic institutions
Pursuant to this Circular and other relevant applicable regulations, an academic institution shall:
1. Establish, issue and organize implementation of regulations on conditions and procedures for opening and suspending academic majors at various higher education levels of the academic institution on the basis of consultation of the science and training council and internal management regulations, specify and potential require higher standards but not conflict with the provisions of this Circular; specifically stipulate the powers and responsibilities of collectives, units, and individuals in the opening of the academic major and the penalties for violations by collectives, units, and individuals involved in the opening of the academic major.
2. Organize implementation of commitments under the scheme for opening the academic major.
3. Implement responsibilities for assessing quality and verifying the academic curriculum according to the provisions in clause 5 Article 33 of the Law on higher education (revised in 2018); take responsibilities for ensuring higher education quality [28] as prescribed in Article 50 of the Law on higher education (revised in 2018).
4. Organize internal inspection of the implementation of opening the academic major, fulfilment of the commitments under the scheme for opening the academic major and quality assurance work according to applicable laws; be subject to supervision and inspection of the Ministry of Education and Training and competent authorities according to applicable regulations.
5. Provide explanation according to then provisions in the Decree of the Government elaborating the Law on amendments to certain articles of the Law on higher education and other relevant laws.
Article 14. Reporting, storage, and public disclosure of information
1. Within 10 days from the day on which a decision to open an academic major is made, an academic institution shall submit a report to the Ministry of Education and Training (except for majors decided by the Ministry of Education and Training) and its governor body:
a) The Decision to open the academic major;
b) The scheme for opening the academic major;
c) Address for accessing the academic institution's web portal which has publicly disclosed the contents relevant to the opening of the academic major.
2. For an opened academic major at the undergraduate level: from the second academic year (since the issuance of the decision to open the academic major) until the completion of the first course, prior to the start of the new academic year of each academic year, the academic institution must submit a report on the readiness of the teaching staff and material facilities serving the implementation of the academic curriculum opened according to the plan or routemap committed in the scheme for opening the major of the academic institution to the Ministry of Education and Training and the governing body, including the contents prescribed in clauses 3 and 5 Article 4 hereof to serve the management and post-inspection (except in cases of opening majors at the undergraduate level under the Health, Pedagogy Science, Security, National Defense or Law discipline or opening majors at the master’s/doctoral level)
3. Before December 31 of each year, academic institutions shall submit reports on the invalidity of decisions to open academic majors (if any) of academic institutions to the Ministry of Education and Training and their governing bodies according to the provisions specified in clause 5 Article 12 hereof to serve the management, including: decision numbers; dates of issuance; issuing authorities; names of majors; training levels; reasons for the invalidity of decisions to open academic majors.
4. Academic institutions shall be responsible for storing and preserving applications for opening academic majors, all documents related to the opening of academic majors and attached evidences including evidences of meeting the conditions for opening the majors, ensuring compliance with applicable laws.
5. Academic institutions shall publicly disclose information on their websites and update all information into the national database on higher education as follows:
a) Disclose regulations on conditions and procedures for opening and suspending academic institutions’ academic majors at various higher education levels on their websites at least 45 days before organizing implementation thereof;
b) Within 05 days after promulgating a decision to open an academic major or receiving a decision on acceptance of the opening of an academic major from a competent authority, an academic institution must publicly disclose the following contents on its website:
- Decision to open the academic major;
- Fundamental contents of the approved scheme for opening the academic major including: requirements for enrolment, those for graduation and outline of the academic curriculum; list of lecturers; list of material facilities and equipment used for training and scientific researches; enrolment and training plan for the first 5 years of enrolment; training location and list of practical training and internship locations;
- Update information on opening the academic major, scheme for opening the academic major on the national database on higher education.
6. For academic institutions under the Ministry of National Defense and the Ministry of Public Security, the reporting, storage and public disclosure in accordance with the provisions hereof must meet prescribed requirements for protection of the state secret.
Article 15. Implementation clauses
1. This Circular comes into force from March 04, 2022.
2. This Circular replaces Circular No. 22/2017/TT-BGDDT dated September 06, 2017 of the Ministry of Education and Training prescribing conditions and procedures for opening academic majors, suspending enrolment and revoking decisions on opening academic majors at undergraduate level; Circular No. 09/2017/TT-BGDDT dated April 04, 2017 of the Ministry of Education and Training prescribing conditions and procedures for opening academic majors or disciplines and suspending enrolment and revoking decisions on opening academic majors or disciplines at master’s and doctoral levels.
3. Chief of Office, Heads of Departments of Higher Education, Heads of relevant units affiliated to the Ministry of Education and Training of Vietnam; Directors of parent universities and institutes; Principals of universities; principals of research institutes providing doctoral training; principals or directors of other academic institutions permitted to provide undergraduate, master's or doctoral training; relevant organizations and individuals are responsible for implementation of this Circular.
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