National Scientific Conference: "Recommendations for Amendments to the Higher Education Law 2012 and Its 2018 Revisions"

On December 14, 2024, the National Scientific Conference titled “Recommendations for Amendments to the Higher Education Law 2012 and Its 2018 Revisions” was co-hosted by Van Lang University, the Network of Legal Training Institutions in Vietnam, and the University of Law, Hue University. The event attracted a wide range of lecturers, scientists, experts, and administrators from nearly 30 prestigious agencies, organizations, and higher education institutions across the country.

The Law on Higher Education (LHE) in Vietnam serves as a crucial legal framework governing educational activities at undergraduate and postgraduate levels. After 12 years since its enactment and 6 years since its amendment, the LHE has revealed certain provisions that no longer meet the demands of the modern context, necessitating further revisions. This scientific conference provided an opportunity for lecturers, experts, and managers to discuss and contribute recommendations for improving the LHE. The conference was divided into two sessions featuring ten in-depth presentations. Additionally, participants engaged in discussions and proposed practical solutions aimed at refining the legal framework and enhancing the effectiveness of higher education governance in Vietnam, addressing the demands of the new development phase.

The paper clarified several shortcomings in the Higher Education Law, such as: the lack of clear decentralization in the model of higher education institutions, inconsistencies with related laws regarding organizational structure, the absence of specific regulations for enterprises within public higher education institutions, and the unclear delineation of the authority of leaders and the powers of the university council. The author proposed several solutions, including: adding regulations on the standards for university presidents and council chairpersons, the responsibilities of investors or governing bodies regarding education quality, granting autonomy to member institutions, and clarifying the activities these institutions are permitted to undertake and their accountability.

The paper clarified several shortcomings in the Higher Education Law, such as: the lack of clear decentralization in the model of higher education institutions, inconsistencies with related laws regarding organizational structure, the absence of specific regulations for enterprises within public higher education institutions, and the unclear delineation of the authority of leaders and the powers of the university council. The author proposed several solutions, including: adding regulations on the standards for university presidents and council chairpersons, the responsibilities of investors or governing bodies regarding education quality, granting autonomy to member institutions, and clarifying the activities these institutions are permitted to undertake and their accountability.

The paper by Assoc. Prof. Dr. Doan Duc Luong and M.A. PhD candidate Tran Cao Thanh (University of Law, University of Hue) on "Organization and Management of Training under the Higher Education Law - Issues Needing Improvement" highlighted limitations in the organization and management of training, such as: the lack of uniformity in credit-based training, restrictions on training partnership targets, absence of collaboration mechanisms with enterprises, the training regulations not fully incorporating feedback from stakeholders, and some provisions conflicting with other legal documents. Based on these points, the authors proposed solutions to enhance autonomy in training partnerships, improve the regulation development process, standardize the credit system, and harmonize vocational training regulations between the Higher Education Law and related laws.

Notably, the paper "Improving the Legal Framework for Quality Accreditation of Higher Education Institutions in Vietnam" by the research group including M.A. PhD candidate Vu Thi Bich Hai and M.A. PhD candidate Le Ho Trung Hieu (Faculty of Law, Van Lang University) emphasized the mandatory role of quality accreditation for higher education institutions. The study identified issues such as the unclear criteria for becoming an accreditor, the lack of consistency between national and international evaluation standards, and the lack of independence of accreditation organizations within state-run educational institutions. To address these issues, the authors recommended amending regulations to reduce administrative procedures, harmonize domestic and international evaluation standards, and eliminate accreditation organizations within state-established educational institutions.

In the final paper of the first session, Dr. Thai Thi Tuyet Dung (Inspection and Legal Affairs Department, VNU-HCM) presented on "The Legal Framework of Higher Education Institutions at Various Levels within the Higher Education System in Vietnam." She highlighted the shortcomings in the legal framework of the higher education system and proposed that the Higher Education Law should clarify the legal framework for each type of institution, define the legal status of universities, and review Decree 125/2024/ND-CP to ensure its compatibility with the Higher Education Law.

At the beginning of the second session, Dr. Vu The Hoai, Senior Lecturer at the University of Saigon, presented a paper titled "Implementing the Governance Role of the University Council - A Concrete Step Towards Institutional Autonomy in Current Universities." In his paper, the author proposed several solutions to improve the Higher Education Law, such as: ensuring coordinated and harmonious collaboration between internal management structures and the university council; clarifying the roles and responsibilities of relevant ministries and sectors in exercising their ownership rights through the university council; and further specifying the relationship between the university council and the university president.

The paper by the authors M.A. Nguyen Xuan Tai and M.A. Mai Thi Ngan Ha (Eastern University of Technology) titled "Investors and University Councils under the Higher Education Law - Some Shortcomings and Directions for Improvement" proposed specific regulations regarding investor meetings and the cases of urgent meetings of the university council. It also suggested the application of the Business Law for investors when the Higher Education Law does not provide regulation.

The paper "Legal Framework for the Application of Artificial Intelligence in University Management and Training" by PhD candidate Van Thi Hong Nhung, University of Economics and Finance – Finance, Ho Chi Minh City (UEF), highlighted the benefits of artificial intelligence, alongside the challenges that legal frameworks must address when individuals engage in improper behavior in applying technology within educational environments. The author suggested that the Higher Education Law should be amended to include specific provisions on the use of information technology and digital transformation in higher education, such as definitions, responsibilities and powers of educational institutions, and the scope of application in specific cases.

The paper "Ensuring Equity in Access to High-Quality Higher Education - Implications for Institutions and Policies" by the authors Dr. Huynh Cam Thanh, M.A. PhD candidate Dang Van Toai, and M.A. PhD candidate Tran Kim Nen (Cuu Long University) affirmed that high-quality higher education in Vietnam is essential for creating a highly skilled workforce aligned with global integration trends. The authors proposed that the Higher Education Law should be amended to include provisions linking the development of education with talent development, training high-quality human resources; introduce policies for tuition fee reductions and other incentives for outstanding students enrolled in high-quality programs, and establish specialized accreditation standards for these programs at a higher level than the usual standards.

The report by the authors Assoc. Prof. Dr. Doan Thi Phuong Diep and Researcher Le Bao Khanh (University of Economics and Law, VNU-HCM) presented on "Postgraduate Training in Research-Oriented Universities and Recommendations for the Higher Education Law" outlined the current regulations on the standards for establishing research-oriented universities. Based on this, the authors recommended amending and supplementing the Higher Education Law regarding postgraduate training in research-oriented universities, including: developing specific policies to support scholarships and research funding for doctoral students with outstanding research results, high-quality research topics/theses with practical applications; setting specific ratios for spending on science and technology activities; and reforming administrative procedures.

Concluding the seminar, Assoc. Prof. Dr. Bui Anh Thuy remarked that the papers and discussions presented by the scientists at the seminar had accurately pointed out several provisions of the current Higher Education Law that are no longer suitable and do not effectively support the high-level human resource training needs of the higher education system, which aims to supply the economy and society of the country, now in a phase of active digital transformation, high-tech application, and strong, widespread integration into international life. Based on the outcomes of the seminar, the Organizing Committee will prepare a proposal to be sent to the relevant state authorities for review and selection, to present to the National Assembly for consideration of amendments and additions to improve the Higher Education Law in line with practical requirements and the country's development in the new era.

News: M.A. Le Ho Trung Hieu
Photos: Admissions & Communications Office - Van Lang University