The Party’s Viewpoints and Guidelines and the State’s Policies on the Institution of University Council in Public Universities in Vietnam Today

On the common basis of ensuring the interests and sustainable development of the university, a higher education institution must develop a tripartite relationship and coordination while leading and directing organizations, including the University Party Committee, the University Council and the Board of Administrators. This tripartite relationship creates synergy and strengthens the roles of all three leading organizations in accordance with their assigned functions and tasks. The University Standing Party Committee, the Chairperson of the University Council and the Board of Administrators shall promote their strength in leading and directing on the basis of clear and effective coordination mechanism for the purpose of the university’s quick and sustainable development in accordance with its missions.

2. The Party and the State’s Viewpoints and Policies on the Institution of the University Council in Public Universities

The University Council model in public universities has already existed in many countries around the world and has affirmed its value through research and practice in educational management activities. Many developing countries such as Malaysia, Thailand, India, Eastern Europe, and Central Europe have widely adopted this model. In Vietnam, the concept of University Council was first formally introduced and applied in public universities nearly 20 years ago through article 30 of the Prime Minister’s Decision on the Charter of Universities issued on July 30, 2003 as “the governing body of a university”(2) However during this period, there were very few universities implementing and defining the role of the University Council in the organizational and operational regulations while the remaining universities did not even set up such an entity.

By establishing the Platform on National Construction in the transitional period towards socialism (supplemented and developed in 2011), the Communist Party of Vietnam committed itself to developing education and training stating, “Developing education and training associated with the development of science and technology is among the top national priorities. Investment in education and training is the investment for development. It is necessary to fundamentally and comprehensively renovate education and training according to the development needs of society”(3). This viewpoint reflects a major change in thinking and awareness while still inheriting the Party’s consistent policies over historical periods on honoring the importance of education and training. It is also a strategic issue in line with the trend of mankind’s development and the realities Vietnam faces with a requirement set forth to continue promoting fundamental and comprehensive renovation in education, including higher education and management methods of public universities.

The Law on Higher Education promulgated in 2012 officially legislated the institution of the University Council through Article 14: “The organizational structure of public colleges, universities and academies includes: a) the University Council; b) the Principal and Deputy Principal of the college or the university; the Director and Deputy Director of the academy, etc.”(4) Article 16 of this Law also stipulates that the University Council is the administrative organization representing the university ownership and has clearly stated its duties and authority. Although the council is set up in many universities, the governing role of the council is still very vague and in some public universities, serves only the purpose of formalities.

On October 24, 2013, the Government issued Decree No. 141/2013/ND-CP detailing and guiding the implementation of selected articles of the Law on Higher Education. However, the institution of University Council in public universities only stopped at stipulating: “The University Council’s chairperson, director and deputy directors of a regional university are appointed and dismissed by the Minister of Education and Training”(5).

Resolution No. 29-NQ/TW dated November 4, 2013 of the Party Central Committee on fundamental and comprehensive innovation in education and training to meet the requirements of industrialization and modernization in a socialist-oriented market economy during international integration also pointed out: “The quality and effectiveness of education, especially higher education, is still lower than expected... There are still many weaknesses in education and training management”(6). The resolution also set out a number of tasks and solutions to renovate the quality of education and training. The goal is to “complete the model of national universities and local universities; fortify and develop some institutions of higher education and institutions of vocational education to reach regional and international levels.”(7) This is considered an important orientation of the Party for the cause of renovating and developing higher education in general and gradually perfecting the institution of the University Council in particular.

On December 10, 2014, the Prime Minister issued Decision No. 70/2014/QD- TTg on promoting university charters, in which, Article 9 has specified the duties, authorities and activities of the University Council and the position and role of the Chairperson and the Secretary of the Council in comparison with the Board of Administrators and the constituent management parts of a public university. The “Chairperson of the University Council is entitled to the same rate of post allowance as that of the University President; the secretary of the University Council is entitled to the post allowance equal to that of a department head”(8).

In 2017, the 6th Meeting of the Party Central Committee issued Resolution No. 19-NQ/TW, which continued to affirm the role and importance of the University Council in public university governance: in order to “improve the effectiveness and efficiency of councils in universities in such a way that the university committee is the highest de facto government in the university; the secretary of the Communist Party, concurrently the chairperson of University Council”(9). This regulation is to implement the policy of unifying the leadership title and assigns real power to the chairperson of University Council in leading, directing and ensuring the relationship between the University Council and the Board of Administrators.

In 2018, the Law amending and supplementing selected articles of the Law on Higher Education promoted by the National Assembly stipulated and clarified the role of the University Council. The Law has amended and supplemented Article 16 with many important plans including:

“1. The university council of a public university is the executive organization that represents the rights of the owner and other parties with relevant interests.

2. The university council of a public university has the following responsibilities and entitlements:

a) Decide the development strategies, development plans, annual plans of the university; orientation to develop the university into a parent university or merge the university into another;

b) Issue the university’s internal rules and regulations, finance regulations and grassroots democracy regulations in accordance with this Law and relevant laws...”(10).

On December 30, 2019, the Government issued Decree 99/2019/ND- CP elaborating and providing guidelines for a number of articles of law on amendments to the law on higher education. This Decree covered most of the guidance on the University Council in Articles 7 and 8 and can be considered as the “law on university autonomy” or the “law on the University Council,” creating an important legal basis for the University Council institution to be synchronously and comprehensively organized at all universities.

In the 13th National Party Congress in 2021, the Party continued to affirm the policy of “perfecting the national education system,” by rearranging the university system, developing harmoniously between public and private education and training and diversifying types of training. It is necessary to implement an autonomous mechanism for higher education in line with the general trend of the world. There should be a breakthrough policy to develop and improve the quality of higher education, “having a supporting mechanism to build a number of large universities of education into prestigious training centers in the region and world”(11). This is considered an important premise with a political basis to continue to innovate and perfect the education system in general, and higher education and the institution of the University Council in public universities in particular, especially at national, regional, and key universities in order to reach regional and international levels in the coming time.

As a consequence, stemming from the experience of university governance in countries around the world and the implementation practice in Vietnam from 2003 to 2022, the University Council model in university governance has become increasingly clear and specific. The Party’s views and guidelines and the State’s policies on the institution of the University Council in public universities are very important, displaying a great role in the development orientation of the country; affirming the inheritance and consistency in the Party’s view that education and training are Vietnam’s top national policy in order to develop quickly and sustainably, realizing the aspiration to develop a prosperous country in the coming time. At the same time, the Party’s decisiveness, political bravery, intellectual level and acumen in the management of the State in adapting to the trend of the times has clearly been demonstrated, absorbing the quintessence of humanity, while acknowledging the achievements of education and training in the world to be in line with Vietnam’s reality. The theoretical system on the path to socialism in Vietnam, the cause of building a socialist oriented market economy with a suitable roadmap with people as the center and the development of education and training as the foundation has further been clarified.

3. Solutions to Promote the Role and Strength of the University Council in Public University Governance

Although up to now, the Party has promulgated clear and specific policies and regulations on the establishment of a University Council, many universities still find it difficult to follow this governance model. The power of the University Council has clearly been defined through the functions and duties in Article 16 of the Law amending and supplementing selected articles of the Law on Higher Education, however, there are still internal obstacles existing in some universities during implementation. There is a view that the institution of the University Council would inevitably result in a “shift of power” from the principal to the University Council, limiting the power of the principal as an individual and slowing down the progress of immediate decisions that used to be very effective. On the other hand, in the transition period, the chairperson of some University Councils does not have enough prestige and experience in university administration. Some people in management positions were appointed by the principal before holding the position of chairperson. In the University Council’s structure, some off-campus members and student representatives have not fully played their roles in a powerful organization with real responsibility.

How can current public universities change their governance model to ensure sustainable development and effective and well ordered operations without losing the creativity and dynamism of the heads, without conflict between the old and new management mechanism while still ensuring compliance with the law? In order to promote the role and strength of the institution of the University Council in public university governance, it is necessary to implement the following solutions:

First, public universities need to establish organizational and operational regulations, institute a development strategy in line with their mission, in accordance with the law as well as each university’s actual conditions.

Second, the governance system should be effectively operated through operating regulations, strategic development goals, on the basis of the executive role of the principal and the guiding and supervisory role of the university council;

Third, it is necessary to mobilize the collective strength of stakeholders in the university’s construction and development, under the supervision of society and accountability.

Fourth, the University Council’s activities should be operated in accordance with the “old and new” mechanism in a flexible manner, which is considered a transitional step to ensure the accurate implementation of the Party’s guidelines and the State’s laws as well as functioning in line with reality. It is not until 2024 that universities in Vietnam will complete the transition to move towards a truly professional university governance model – the University Council governance. After the University Party Congress, the Secretary of the Party Committee, which is the Chairperson of the University Council according to law, will direct the election of the University Council. The principal shall take responsibility for appointing leadership and management positions according to decentralization. The Party Committee shall lead cadre work. The university development model must ensure quality from system to functions, with the leadership role played by the Party Committee, the administrative role played by the University Council and the executive role played by the principal.

The effective operation of the governance model by the University Council requires the correct and complete awareness of the society; the responsibility of officials, employees and especially members of the University Council to “play the right roles and do the right things” because in essence, the University Council governance model is a synergy of the stakeholders, not the power of one person or a small group of people as the centralized governance model would be.

University Council governance is a model that ensures a safe threshold for the principals of universities in the context of integration and university autonomy. An objective, scientific and democratic University Council will certainly have qualified representatives in accordance with the law. The University Council is meant to be a bridge between the community owner and the university, performing the functions of governance and social accountability. Only when there is proper awareness and responsibility of the members of the University Council can the model really promote its effectiveness and then Vietnamese higher education will truly and comprehensively integrate./.