CIRCULAR

PROMULGATION OF REGULATIONS ON CONDITIONS FOR FOUNDATION AND DISSOLUTION, MISSIONS AND RIGHTS OF EDUCATION ACCREDITATION ORGANIZATIONS

Pursuant to the Law on Education dated June 14, 2006 and amendment to some articles of the Education Law dated November 25, 2009;

Pursuant to the Law on Tertiary Education date June 18, 2012;

Pursuant to Decree No.36/2012/ND-CP dated April 18, 2012 of the Government providing for functions, missions, rights and the organizational structure of ministries and ministerial agencies;

Pursuant to Decree No.32/2008/ND-CP dated March 19, 2008 of the Government providing for functions, missions, rights and the organizational structure of the Ministry of Education and Training;

Pursuant to Decree No.75/2006/ND-CP dated August 02, 2006 of the Government providing for details and guidelines for some articles of the Law on Education and Decree No.31/2011/ND-CP dated May 11, 2011 of the Government on amendment to some articles of the above-mentioned Decree;

At the request of the Director of Department of Education Testing and Accreditation;

The Minister of Education and Training promulgates the Circular of Regulations on conditions for the foundation and dissolution, missions and rights of the education accreditation organization,

Article 1. The Regulation on conditions for the foundation and dissolution, missions and rights of the education accreditation organization is issued together with this Circular.

Article 2. This Circular comes into force from February 15, 2013.

Article 3. The chief office, Director of Department of Education Testing and Accreditation, relevant agencies affiliated with the Ministry of Education and Training; Chairperson of People's Committee of centrally-affiliated provinces and cities; Director of Departments of Education and Training, national and regional universities, institution; Rector of university, college and technical college, Director of education accreditation organizations and education accreditors shall take responsibility to implement this Circular./.

REGULATION

CONDITIONS FOR FOUNDATION AND DISSOLUTION, MISSIONS AND RIGHTS OF EDUCATION ACCREDITATION ORGANIZATIONS
(Issued together with Circular No.61/2012/TT-BGDDT dated December 28, 2012 of the Minister of Education and Training)

Chapter I 

GENERAL REGULATIONS

Article 1. Scope and regulated entities

1. This document provides for conditions for the foundation, operation registration or suspension and dissolution, the organizational structure, operations, missions, rights and finance of education accreditation organizations.

2. This document applies for state-owned education accreditation organizations and individuals non state education accreditation organizations.

Article 2. Definitions

For the purposes of this document, the terms below shall be construed as follows:

1. “education quality” means achieving objectives of education facilities or programs, meeting requirements of the Law on Education, amendment to the Education Law and Tertiary Education, satisfying the demand for the use of human resources for the purpose of local and national socio-economic development.

2. “education accreditation” means the activity in which the evaluation and certification of the actualization of educational objectives, programs and contents of schools and other education facilities is presented. Education accreditation includes the accreditation of education facilities (hereinafter referred to as school accreditation) and that of educational programs (hereinafter referred to as program accreditation). The school accreditation shall be applied to all education facilities of all educational and training level. The program accreditation shall be applied to educational programs for technical college, college, university, master and professor.

3. “education accreditor” means the person performing the job regarding education accreditation who is qualified to enter the profession in accordance with regulations of the Minister of Education and Training on the education accreditor (hereinafter referred to as accreditor).

4. “entities mentioned in the license for education accreditation” include education facilities of all educational and training levels of the national education system and educational programs of universities, colleges and technical colleges.

5. “scope of the education accreditation” includes nationwide education facilities, in one education level or geographical area and general or professional educational programs according to the application for registration, professional qualifications and resources of the education accreditation organization.

Article 3. The education accreditation organization

1. An education accreditation organization means the entity performing the job of education accreditation in accordance with regulations of this document and functions of evaluation and certification of education facilities and programs which comply with the standard of education quality.

2. Education accreditation organizations include state-owned education accreditation organizations and non state education accreditation organizations.

a) State-owned education accreditation organizations shall operate in compliance with regulations of the State on public service providers.

b) Non state education accreditation organizations shall operate in accordance with regulations of the State on private facilities running the business the sector of education and training.

3. Each education accreditation organization shall have legal status, its own private account and seal; office and operate independently from educational facilities.

Article 4. Name and logo of the education accreditation organization

1. The name and logo of the education accreditation organization shall be determined in the decision on the foundation or permission for foundation. The name of the education accreditation organization shall be written in both Vietnamese and English in transaction documents and in other languages if necessary.

2. The name and logo of the education accreditation organization shall be different from these of other founded education accreditation organizations operating nationwide.

3. The name and logo of the education accreditation organization shall be written in capital in transaction documents, applications and works published by the education accreditation organization.

Chapter II

FOUNDATION, PERMISSION FOR FOUDATION, REGISTRATION, SUSPENSION AND DISSOLUTION OF EDUCATION ACCREDITATION ORGANIZATIONS

Article 5. Conditions for foundation or permission for foundation and registration of education accreditation organizations.

1. The education accreditation organization shall be founded or permitted to be founded when it:

a) has a plan for the foundation of the education accreditation organization which specifies the operating scope suitable for the education accreditation organization network.

b) has at least 3 accreditors representing the proposal of the foundation of the education accreditation organization (applied to organizations and individuals proposing the foundation)

c) has at least 10 qualified accreditors who are suitable for the operating scope specified in Point a of this Article and have a written commitment to work full-time for the education accreditation organization after its foundation.

d) has the draft of regulations on the structure and operation of the education accreditation organization;

d) has the draft of internal expenditure regulations; and

e) has a design of the website.

2. State education accreditation organizations shall be founded in the period of 2012 – 2015 while private ones are allowed to be established after the above-mentioned period.

3. The license for education accreditation shall be issued to the education accreditation organization which:

a) receives the decision on the foundation or permission for the foundation;

b) has at least 10 accreditors working full-time for the education accreditation organization;

c) has stable office and infrastructure conditions assuring the operation of the education accreditation organization; has sufficient working office of 8 square metres pursuant per capita for accreditors; each accreditor shall have one computer, desk and chair;

d) has the minimum capital of 2 billion dong to launch the operation of the education accreditation organization or have the capital contributed or allocated by legal sources;

d) has organizational and operating regulations of the education accreditation organization;

e) has internal expenditure regulations; and

g) has the website of the education accreditation organization.

Article 6. The order, procedure for the foundation or permission for foundation and issuance of the license for education accreditation

1. The order, procedure for the foundation, permission for foundation or issuance of the license for education accreditation shall be stipulated as follows:

a) Regulatory agencies, organizations and individuals demanding to found the education accreditation organization shall submit the application to the Ministry of Education and Training as prescribed at Clause 1 in Article 7 of this document;

b) If the application is not satisfactory, the Ministry of Education and Training shall give a notice in writing so as for regulatory agencies, organizations and individuals proposing the foundation to provide necessary documents within 10 working days from the day on which the application is received.

The Ministry of Education and Training shall inspect the application, check the authenticity of documents inside and organize reality check if necessary within 30 working days from the day on which the complete application is received following the procedure pursuant to regulations at Clause 1 in Article 5 of this document.

c) If the application is eligible for the foundation, the Minister of Education and Training shall made decision on the foundation or permission for foundation of the education accreditation organization. In case the application fails to meet the requirement, the Ministry of Education and Training shall response in writing and provide explanation.

2. The order, procedure for the issuance of license for education accreditation shall be regulated as follows:

a) The education accreditation organization shall satisfy all conditions as prescribed at Clause 3 in Article 5 of this document and submit the application for the license for education accreditation to the Ministry of Education and Training as prescribed at Clause 2 in Article 7 of this document within 6 months from the day on which the decision on foundation or permission for foundation is issued.

b) If the application is satisfactory, the Ministry of Education and Training shall give a notice in writing so as for the education accreditation organization to provide necessary documents within 10 working days from the day on which the application is received.

The Ministry of Education and Training shall inspect the application, check the authenticity of documents inside and organize reality check if necessary within 20 working days from the day on which the satisfactory application for the license for education accreditation following the procedure is received.

c) If the application is eligible for the issuance of license for education accreditation, the Minister of Education and Training shall decide to issue the license for education accreditation. In case the application fails to meet the requirement, the Ministry of Education and Training shall response in writing and provide explanation.

d) The operating scope of the education accreditation operation shall be clarified in the license for education accreditation. The license shall be expired after 5 years from the day on which it is issued and made publicly available on the website of the Ministry of Education and Training and the education accreditation organization.

d) The education accreditation organization shall send in the application for the re-issuance of the license for education accreditation as prescribed at Clause 2 in Article 7 of this document at least 30 days in advance of the license’s expiration or the organization desires for the re-registration prior to the expiration of the license. The order, procedure of the re- issuance of the license for education accreditation shall be done as stipulated at point b and c in Clause 2 of this document.

Article 7. The application for the foundation or permission for foundation and issuance of the license for education accreditation.

1. The application for the foundation or permission for foundation of the education accreditation organization includes:

a) The request for foundation or permission for foundation of the education accreditation organization, in which the proposer shall be specified; the name of the education accreditation organization shall be suggested in both Vietnamese and English or other languages if necessary; the logo shall be designed; the location of headquarters, objectives, missions, operating scope of the education accreditation shall be proposed.

b) The program for the foundation of the education accreditation organization which clearly state the necessity for the foundation and capacity of the education accreditation organization; determine operating scope of the education accreditation operation; anticipated the quantity and level structure of accreditors, organizational structure of the management mechanism, infrastructure conditions; plans, development roadmaps and solutions for each period;

c) The list of accreditors proposing the foundation of the education accreditation organization associated with certified copies of accreditor card and curriculum vitae verified by People's Committee of commune, ward, district town (if the proposer is organization or individual); the decision on the foundation of the organization (if the proposer is the organization); d) The proposed list of the Director, Vice Directors (if any) and members of the council of education accreditation associated with curriculum vitae verified at the workplace or by People's Committee of commune, ward, district town; certified copies of accreditor card and qualifications of accreditors.

d) The list of at least 10 accreditors expected to work full-time for the education accreditation organization associated with curriculum vitae verified by People's Committee of commune, ward, district town; certified copies of accreditor card and qualifications of accreditors.

e) The written commitment to work full-time for the education accreditation organization of accreditors;

g) The draft of the regulations on the structure and operation of the education accreditation organization and internal expenditure;

h) The design of the website of the education accreditation organization.

2. The application for the license for education accreditation includes:

a) The application form for the license for education accreditation which clearly specify the name of the education accreditation organization; address of the headquarters and website; operating scope of the education accreditation operation suitable for the program for foundation or permission for foundation; in accordance with regulations on the structure and operation of the education accreditation organization and internal expenditure;

b) Certified copies of decision on the foundation or permission for foundation of education accreditation organization;

b) Certified copies of decision on appointment of the Director of the education accreditation organization;

c) The list of accreditors associated with curriculum vitae, certified copies of accreditor card and qualifications of accreditors;

d) The decision on the recruitment or labour contracts between the education accreditation organization and accreditors;

e) The certificate of land use right and house ownership or lease house contract for the headquarters of the education accreditation organization of at least 2-year expiration verified by competent authority; declaration of the area of working office and equipments.

g) The confirmation minutes of capital contribution bearing the signature of the contributor and the head of the education accreditation organization or decision on funding allocation for the education accreditation organization of regulatory agencies suggesting the foundation and the document of the bank whose its headquarters is located in Vietnam confirming the account of the education accreditation organization.

Article 8. Adjusting the operating scope of an education accreditation organization

1. During the operating period, if the education accreditation organization has demand for the amendment to the operating scope, the education accreditation organization shall follow the procedure to request the Ministry of Education and Training to re-issue the license for education accreditation as prescribed at Clause 2 in Article 6 of this document.

2. The application for the re-issuance of the license for education accreditation shall comply with regulations specified at Clause 2 in Article 7 of this document.

Article 9. Renaming an education accreditation organization

1. The education accreditation organization must register the name change when its operating scope is changed and thus no longer appropriate to its name.

2. If the education accreditation wishes to change its name without any change to its operating scope, the Ministry of Education and Training shall consider the request at the time the education accreditation organization applies for the re-issuance of the operating license for the education accreditation as prescribed at point d Clause 2 in Article 6 of this Regulation.

3. The Minister of Education and Training shall consider permitting the reaming of the education accreditation organization within 20 working days from the day receiving the application for name change of the education accreditation organization.

Article 10. Suspension of an education accreditation organization

1. An education accreditation organization shall have its operation suspended in one of following cases:

a) It commits a fraud in pursuit of having the operating license for the education accreditation issued;

b) The issued license for education accreditation is claimed to be ultra vires as prescribed at point c Clause 2 in Article 6 of this document;

c) It fails to fulfill one of the conditions stipulated at point b and c of Clause 3 in Article 5 of this document during the operation process.

d) It fails to launch the operation of education accreditation within 12 months from the day receiving the license for education accreditation;

d) It conducts the education accreditation subjectively, dishonestly and accepts false result;

e) Other cases in compliance with regulations of the law.

2. The order, procedure for suspending the operation of the education accreditation organization:

a) When noticing that the education accreditation organization violates one of cases regulated at Clause 1 in this Article, the Ministry of Education and Training shall make the suspending application in which the reason for suspending the operation of education accreditation is clearly stated and inform the education accreditation organization.

b) The Minister of Education and Training shall consider and decide to suspend the operation of the education accreditation within 20 working days from the day informing the education accreditation organization that its violation have been caught.

3. The suspending reason and time must be clearly specified in the decision on the suspension of the education accreditation operation. The decision on the suspension of the education accreditation operation must be made publicly available on the website of the Ministry of Education and Training and other public media.

4. When the suspending time is expired, if causes for the suspension are reasoned out, the Minister of Education and Training shall permit the education accreditation organization to return to its business.

Article 11. Dissolution of an education accreditation organization

1. An education accreditation organization shall be dissolved in the following cases:

a) It seriously violates regulations on management, structure and operation of the education accreditation organization;

b) It fails to apply for registration or is not eligible to receive the operating license for the education accreditation after 6 months from the day the decision on the foundation or permission for foundation is made;

c) It fails to rectify the causes of the suspension by the end of the suspension time;

d) It fails to apply for extension of the license when the license expires or the application for extension is rejected;

d) It commits a violation for the purpose of being given the decision on the foundation or permission for foundation of the education accreditation organization;

e) The person who ultra vires signs the decision on the foundation or permission for foundation of the education accreditation as regulated in the Law on the amendment to some articles of Education Law, Tertiary Education and this document.

g) The dissolution is requested by the founder of the education accreditation organization;

2. Dissolution documents:

a) In case of voluntary dissolution (dissolution is requested by the founder of the education accreditation organization):

- The founder’s request for dissolution for which the explanation is provided;

- The document of unit affiliated with the Ministry of Education and Training requesting the dissolution of the education accreditation organization for which explanation is provided.

b) In case of involuntary dissolution:

- The request of functional entities affiliated with the Ministry of Education and Training asking for the dissolution of the education accreditation organization for which explanation is provided;

- The written explanation of the Ministry of Education and Training associated with the evidence of breaching the regulation of the education accreditation organization which leads to the dissolution as prescribed at from point a to e of clause 1 in this Article.

3. Procedures for the dissolution of the education accreditation organization:

a) In case of voluntary dissolution (dissolution is requested by the founder of the education accreditation organization):

- The education accreditation organization shall submit the application for the dissolution to the Ministry of Education and Training.

- The Ministry of Education and Training shall verify, consider, evaluate and request the Minister of Education and Training to issue the decision on the dissolution of the education accreditation organization within 30 working days from the day on which the application is received.

b) In case of involuntary dissolution (e.g. cases as prescribed at from point a to e in clause 1 of this Article):

- The Ministry of Education and Training shall make the dissolution application in which the dissolving reason must be clarified and inform the education accreditation organization.

- The Ministry of Education and Training shall verify, consider, evaluate and request the Minister of Education and Training to make the decision on the dissolution of the education accreditation organization within 30 working days from the day on which the making of dissolution application is notified to the education accreditation organization.

4. The reason for dissolution must be clearly specified in the decision on the dissolution of the education accreditation organization which is required to be posted on the website of the Ministry of Education and Training as soon as being signed for promulgation.

Chapter III

 ORGANIZATIONAL STRUCTURE, OPERATIONS, MISSIONS AND RESPONSIBILITIES OF EDUCATION ACCREDITATION ORGANIZATIONS

Article 12. The organizational structure and operations of an education accreditation organization

1. The education accreditation organization shall have the Director, Vice Director and Council of education accreditation; offices and professional divisions for the purpose of launching the operations of education accreditation. The Director, Vice Director and member of the Council of education accreditation must achieve all standard for accreditors.

2. The Director of state-owned education accreditation organizations shall be appointed by the Minister of Education and Training. The Director of non state education accreditation organizations shall be appointed by the head of the founding organization or individual founder. The Director shall take legal responsibility for the operation of the education accreditation organization; carry out the duty to approve plans for education accreditation and the component of external board evaluation, decide whether education facilities or programs could be recognized as those meeting the education quality standard.

3. The Director of the education accreditation organization shall decide to form the council of the education accreditation and professional divisions in pursuit of launching operations of the education accreditation organization.

4. The council of education accreditation:

a) The Council of the education accreditation shall shoulder the responsibility to inspect the education accreditation results and request the Director to recognize or not recognize education facilities and programs meeting the education quality standard.

 b) Components of the Council of the education accreditation consist of the chief of the education accreditation organization and professional divisions; some accreditors; representatives of relevant ministries, departments, education facilities, enterprises and occupational social organization. The member's quantity of the Council of the education accreditation shall be decided by the Director but it is required to be an odd number and there must be at least 9 members, in which:

- The Chairperson of the Council shall be the Director or Vice Director authorized by the Director of education accreditation organization.

- The Vice Chairperson of the Council shall be the Vice Director and chief of professional divisions of the education accreditation organization.

- The term in office of the Council's member is 5 years; however; the member is not allowed to serve in the office for more than two continuous terms. Members of the Council who are representatives of relevant ministries, departments, education facilities and occupational social organizations shall not be allowed to serve in the Council if they are no longer holding the position in the agency they represent for.

c) The Council shall have secretaries (in which the Head Secretary is a member of the Council) founded by the Director of the education accreditation organization due to the proposal of the Chairperson of the Council.

d) Working rules of the Council:

- All activities of the Council shall comply with collective rules and the majority rule is applied in decision making of issues under the duty of the Council.

- The Council shall periodically have biannual meeting or be convened by the Chairperson. Decisions of the Council shall be only valid if they have at least two third votes of the members.

- The Council's member who is the representative of accredited education facility shall not attend the meeting of the Council when the result of education quality evaluation of the educational facility or program which that member used to work or is working for is being inspected.

5. Operations of the education accreditation organization shall include:

a) Organize the external evaluation operation for educational facilities and programs at the request of competent education facilities or authorities.

b) Consider and recognize educational facilities and programs meeting the standard of education quality;

c) Organize or involve in the organization of domestic and international evaluation operation of education quality.

Article 13. Functions, missions and responsibilities of the education accreditation organization

1. The education accreditation organization shall have the following functions:

a) Organize the evaluation operation and recognize educational facilities and programs meeting the standard of education quality;

b) Give educational facilities advice to make the quality improvement after being accredited.

2. The education accreditation organization shall:

a) Make the decision on the foundation or permission for foundation, license for education accreditation, Regulations on structure and operation, list of accreditors of the education accreditation organization publicly available on its website and other public media;

d) The education accreditation organization shall have document for requesting the Ministry of Education and Training to expand its license if wishing to continue the operation within at least 30 days in advance of the expiration of the license.

c) Comply with regulations on standards of education quality evaluation, the procedure for education quality inspection, operating rules, conditions and standards of organizations and individuals entering the profession of education accreditation;

d) Organize operations of education quality inspection depending on the operating scope specified in the license for education accreditation;

d) Provide consultancy services of education quality inspection for education facilities; abide by all provisions in the consultancy service contract signed with education facilities and take responsibility for professional operations conducted by education accreditation organization.

e) Manage accreditors, officials and employees of the education accreditation organization;

g) Mange the finance and do the expenditure in accordance with the law in force;

h) Send the report in writing to the Ministry of Education and Training containing the current operation of education accreditation; changes during the year; advantages, disadvantages, proposals and information required to be provided to the Ministry of Education and Training prior to December 31 each year.

3. The education accreditation organization shall have following responsibilities:

a) Be responsible to the law, education facilities undergoing education accreditation and organizations and individuals using the results of education accreditation for the provided service.

b) Purchase occupational responsibility insurance for accreditors and establish a back-up fund for occupational risk in accordance with regulations of the Ministry of Finance;

c) Make compensation for damage caused by the education accreditation organization to the education facility undergoing education accreditation when operating the service of education accreditation and other relevant services; the compensation rate shall be dealed by both parties or decided by the competent authority of dispute settlement;

d) During the process of launching the operation of education accreditation, if noticing that the education facility undergoing accreditation breaches the law, the education accreditation organization shall take the responsibility to inform that education facility, the Ministry of Education and Training and supervisory authority of that education facility

d) Provide written applications and documents of education accreditation as required by the competent regulatory agencies in compliance with regulations of the law;

e) Take civil responsibility in accordance with regulations of the law; do not let any individual or organization use the name and infrastructures of the education accreditation organization to carry out the operation of education accreditation.

Article 14. Rights of the education accreditation organization

1. May conduct operations specified in the license for education accreditation.

2. Hire domestic and foreign experts to cooperate with accreditors in implementing service contracts or other education accreditation organizations as regulated by the law.

3. Involve in domestic and foreign occupational organizations of education accreditation.

4. Ask the education facility undergoing accreditation to opportunely provide all documents and information concerning the operation of education accreditation.

5. Examine, verify the information and evidence regarding the education facility undergoing education accreditation.

6. Suggest that competent agencies and individuals should carry out the professional inspection or take the position of the counselor regarding operations of education accreditation.

7. May refuse to provide the service of education accreditation.

8. Exercise other authority in accordance with regulations of the law.

Chapter IV

FINANCE OF EDUCATION ACCREDITATION ORGANIZATIONS

Article 15.The Funding source of education accreditation organizations

1. The funding source of the education accreditation organization founded by the State shall include:

a) Funding provided by the State:

- The investment funding for basic construction, reciprocal capital, funding for purchasing equipments and repairing fixed assets shall be allocated in the scope of the cost estimate of budget expenditure approved by the competent authority;

- The funding for undertaking missions of education accreditation ordered by the State:

- Regular operating funding: The regular operating subsidy from the State Budget shall not be provided for more than 3 first years of foundation depending on the cost estimate of state budget assigned by the competent authority each year;;

b) Non-business revenue sources: earning from fees as regulated; the activity of external evaluation for educational facilities and programs; consideration and recognization of educational facilities and programs meeting the standard of education quality; the organization or involvement in domestic and international activities of education quality evaluation and other non-business revenue (if any)

c) Sponsor capital, subsidy, presents from domestic and international organizations and individuals;

d) Other legal funding sources in accordance with regulations of the law (if any);

d) The financial mechanism of state-owned education accreditation organizations shall be operated according to that of public service provider in compliance with regulations of the Government and in consideration of the feature of education accreditation organization for the purpose of particularly regulating its financial mechanism in line the reality.

2. The funding source of non state education accreditation organizations shall include the source of operating funding of the organization through capital contribution of organizations and individuals and other legal funding sources as regulated. Non state education accreditation organizations shall use the same financial mechanism as that of private facilities doing business in the sector of education and training as regulated by the Government.

Article 16. Rights and financial obligations of an education accreditation organization

1. Education accreditation organizations may collect the fee for program and school accreditation in accordance with regulations of the Ministry of Finance on state budget revenue and the compulsory framework of fee for education accreditation of educational facilities and programs. In terms of non-compulsory revenue from the operation of education accreditation (e.g. service activity), education accreditation organizations may decide the service fee depending on the job content and contract with the educational facility.

2. After reasonably meeting all expenditure, education accreditation organizations shall take responsibility to fulfill the tax duty to the State in accordance with the law each year; in terms of the difference between the revenue and expenditure (if any), state-owned education accreditations organizations is entitled to establish a fund as regulated by laws applied to public service provider.

Article 17. Finance management of an education accreditation organization

1. The education accreditation organization shall adopt the financial policy in compliance with regulations of the competent authority.

2. The education accreditation organization shall make the finance publicly available and audit in accordance with the law./.