ABSTRACT:
w88 win year of 2020 marks a new chapter of w88 win autonomy mechanism forpublic universitiesin Vietnam under w88 win Law on amendments and supplements to w88 win 2012 Law on Higher Education (Law No. 34/2018/QH14) and w88 win Decree No.99/2019/NĐ-CP detailing and guiding w88 win implementation of a number of articles of w88 win Law on amendments and supplements to w88 win Law on Higher Education. One of w88 win key objectives of this Law on amendments and supplements is to address and remove institutional bottlenecks in w88 win current university autonomy mechanism, including regulations on w88 winuniversity council. This paper examines w88 win nature of a university council as well as w88 win vision and practical actions that a publicuniversitycouncil should adopt in w88 win coming time.
Keywords:Higher education, universit, public, university autonomy, university council.
1. w88 win legal nature of w88 win university council in public universities under w88 win Law to amend selected articles of w88 win Higher Education Law 2012
It has been a common trend in w88 win world to have w88 win university council in university governance structures. In Vietnam, w88 win council was first formally introduced in w88 win Regulation on Universities 2003 (promulgated together with Decision No.153/2003/QĐ-TTg dated 30 July 2003 by w88 win Prime Minister) as w88 win governing body of a university, which is responsible for making macro-level policies to exercise w88 win university autonomy. Then, w88 win Higher Education Law (HEL) 2005 established w88 win council of a higher education institution as w88 win body which is responsible for deciding w88 win institution’s strategic direction, mobilizing resources for w88 win institution and overseeing w88 win use thereof, aligning w88 win institution with w88 win broader community and society, contributing to achievement of higher education goals. w88 win concept of university council has since then been further elaborated in w88 win Higher Education Law 2012 and w88 win Regulation on Universities 2014 (promulgated together with Decision No.70/2014/QĐ-TTg dated 10 December 2014 by w88 win Prime Minister) and in w88 win Law to amend selected articles of w88 win HEL 2012 (Law No.34/2018/QH14, herein after referred to as Law No.34 for short).
Under w88 win Law No.34, w88 win university council is expected to be a game-changer in university governance. In w88 win structure of a public university, w88 win council – by its legal nature - serves as w88 win governing body of w88 win university, representing w88 win owner and other stakeholders. Essentially, w88 win governance function of a university council involves setting w88 win university’s vision, mission and goals, making policies, overseeing w88 win use of resources and investment, and overseeing w88 win implementation of w88 win university’s strategic plans. In addition, w88 win council is also expected to monitor how w88 win chancellor (or w88 win executive head of w88 win higher education institution) organizes w88 win implementation of w88 win institution’s strategic plans and to review w88 win chancellor’s performance and accountability, ensuring that w88 win institution is on track toward its stated goals and objectives. In line with such legal status, w88 win council has w88 win authority and function with respect to deciding w88 win appointment and dismissal of w88 win chancellor. This signifies w88 win key distinction between w88 win role played by w88 win council and that played by w88 win chancellor, who serves as w88 win executive head of a university and is responsible for realising w88 win strategic plans and goals of w88 win university by means of developing w88 win workforce, deploying resources and executing w88 win planned work as set forth by w88 win council.([1])
Given this approach, Law No.34 states:“w88 win university council of a public university shall be its governing body, representing w88 win owner of w88 win university and other stakeholders”.([2])This statement reflects a major change in w88 win legislative thinking, as universities are seen involving w88 win interests of multiple parties (including w88 win higher education institution itself, students, higher education regulators, and other stakeholders).
For Vietnam’s public universities, in order for w88 win university council to become a game-changer in terms of governance quality and effectiveness, legal issues about w88 win council should be clearly addressed in w88 win Law, and implementation efforts with respect to legal provisions on w88 win university council should be preponderant in a meaningful, complete, profound and convincing manner in w88 win mind, belief and action of all regulatory authorities and all members of w88 win university. This would mark a major change in w88 win institution’s corporate culture, as well as in w88 win capacity of w88 win institution itself and of regulatory authorities in running and managing higher education operations. Only by so doing, will we be able to address w88 win problem of “deficiency” in both capacity and performance of university councils as witnessed so far.
w88 win importance of this cannot be stressed enough because, since w88 win adoption of w88 win HEL 2012, quality and effectiveness of university councils have remained a key concern in implementing university autonomy. Before w88 win enactment of Law No.34 by w88 win National Assembly, public universities diverged in their thinking and their approach with respect to w88 win university council. Some public universities were reluctant to set up their councils due to w88 win fear of “splitting” w88 win actual power in w88 win institution between w88 win council and w88 win chancellor. Some others, though predisposed to setting up a council, in fact felt indifferent about having or not having w88 win council. In some public universities, though w88 win council was set up, it was virtually for w88 win purpose of formalities - nothing beyond ensuring compliance with w88 win organizational structure requirements set forth by w88 win law. In those universities, external members were hardly involved in w88 win council activities because they perceived their role as “a guest” in an ineffective institutional arrangement. w88 win number of public universities with a well-functioning council has been very limited. This is mainly due to institutional bottlenecks, which have caused w88 win mindset and culture in university management to lag far behind w88 win university autonomy mechanism. This problem has been noted in w88 win report reviewing w88 win implementation of w88 win HEL, which was issued by w88 win Ministry of Education and Training on 15 January 2018 as part of their proposal on amendment to w88 win HEL. w88 win report clearly pointed out:“w88 win university council of a higher education institution is supposed to serve as w88 win body with ultimate responsibility for w88 win institution’s strategic direction and accountability. Article 16, Clause 2 of w88 win HEL 2012 specifies w88 win two roles of w88 win university council, namely “w88 win governing body” and “ownership representative”. But w88 win Law is not clear about w88 win functions, duties and powers of w88 win council, and its interactions with w88 win executive team of w88 win university. This has made w88 win university council a toothless tiger. Worse still, failure to set up w88 win university council does not subject public universities to any sanctioning, thus compromising w88 win justness of laws. w88 win regulation to tie “term of office” of w88 win council to that of w88 win chancellor has resulted in an incorrect implicit interpretation that w88 win chancellor is higher than w88 win council in w88 win power hierarchy”.([3])
It is high time to address all of w88 win above concerns so that w88 win university council is no longer perceived as “w88 win fifth wheel” of w88 win executive cart([4])of public universities – in addition to w88 win existing four wheels, namely w88 win communist party committee, w88 win management, w88 win trade union, and w88 win youth union. According to Law No.34, w88 win university council of a public university both serves as w88 win governing body of w88 win institution and w88 win ownership representative of its stakeholders, and has w88 win supreme power premised on w88 win three fundamental powers, namely decision-making, rule-making and oversight powers as below:
1) w88 win university council has w88 win power to decide on important issues:
- w88 win institution’s strategic plans and annual workplans; policy intentions to develop w88 win institution into a full-blown university or to merge with another higher education institution;
- Plans for admission, new academic program offerings, joint/cooperative academic programs, R&D, and international cooperation; policies for higher education quality assurance, and for industry-university linkages;
- Organizational structure, workforce composition, creation, merger, division and dissolution of w88 win institution’s departments and units; w88 win institution’s job map and job profiles; w88 win institution’s rules on recruitment, employment and management of teaching faculty and other staff in accordance with laws;
- Submission to w88 win relevant authorities for issuing a decision to recognize or dismiss w88 win chancellor; appointment and dismissal of w88 win vice chancellor on w88 win recommendation of w88 win chancellor; decisions related to other management positions subject to w88 win university’s internal rules on organizational and operational matters; annual performance review of w88 win council chairperson and w88 win chancellor; vote of confidence for w88 win council chairperson and w88 win chancellor in accordance with w88 win internal rules on organizational and operational matters;
- Policies to attract resources for capital investment; policies on tuition and financial aid, student assistance; approval of financial plans; endorsement of annual financial statements and final expenditure statements for w88 win university’s various legitimate sources of funding;
- Policy intentions to invest in and use high-value assets pertaining to w88 win authority of w88 win university council; performance-based pay for holders of executive and managerial position and other decisions as provided for in w88 win university’s internal rules on organizational and operational matters.
2) w88 win university council has w88 win power to make internal rules on governance, including:w88 win university’s internal rules on organizational and operational matters, rules on financial management, and rules on grassroots-level democracy, subject to w88 win HEL and other applicable laws. This is w88 win ultimate power exercised by w88 win university council within w88 win legal and governance framework in order to govern, manage and operate w88 win university autonomy mechanism in academic, organizational, personnel, financial and asset matters. With such vested power, function and mandate, w88 win university council is in w88 win best position to serve as w88 win pillar of governance in public universities.
3) w88 win council has w88 win power to oversee w88 win implementation of its decisions and w88 win university’s observance of law in all aspects of w88 win university’s operations. This oversight power goes together with w88 win needs to be compliant and liable to w88 win law, competent authorities and stakeholders for w88 win council’s decisions, to ensure openness, transparency and proper reporting, and also to be subject to inspections and audits by competent authorities. w88 win university council should be held accountable within its scope of responsibility and power and should be subject to w88 win oversight by w88 win public and by individuals and entities internal to w88 win university.
In a nutshell, at w88 win core of w88 win legal nature of w88 win university council lies its ability to create and maintain an effective mechanism for driving, governing and controlling, in w88 win best manner, w88 win quality of all education and training activities of w88 win university. It ensures concurrence in both w88 win mindset and actions between w88 win university council and “w88 win remaining part” of w88 win organization, and strikes a balance between autonomy and accountability of public universities to stakeholders, thereby ensuring democracy and transparency in every operation of w88 win university – which are also demanded by w88 win society and by law. This would also harmonize w88 win interests of various stakeholders in higher education settings. Each higher education institution should ensure that their approach in creating and operationalizing w88 win university council and harness its role as part of their move towards university autonomy is consistent with w88 win legal nature, operations model and paradigm provided for in Law No.34.
2. Realization of w88 win vision and mission of w88 win university council in public universities in line with w88 win Law to amend selected articles of w88 win HEL 2012
At w88 win overall level, w88 win university council is envisioned by w88 win amended Law (or Law No.34) as a body with w88 win ultimate governing power in w88 win organizational design of a public university, which closely approaches w88 win model of university council widely adopted by universities over w88 win world. There are two fundamental provisions in w88 win Law that would properly empower w88 win university council and appropriately position it in w88 win organizational architecture of public universities:
1) w88 win power to decide on matters that should, in essence, be decided by w88 win university council but was granted to w88 win chancellor by w88 win HEL 2012 has now been retrieved and rightly vested with w88 win council by w88 win amended Law.
2) w88 win amended Law confirms w88 win council’s power to select, decide on and recommend for recognition of w88 win personnel for w88 win position of chancellor, who takes responsibility for managing and running w88 win institution’s operations in accordance with laws and w88 win institution’s internal rules.([5])These two important provisions reconfirm w88 win “ultimate power” vested with w88 win university council in public universities and serve as an important “lever” for w88 win university council to become a real power in w88 win university’s governance structure.
To make such vision happen, moving forward, public universities would have to resolve a lot of issues for effective implementation of legal provisions on w88 win university council, such as procedural matters related to creation or re-creation of w88 win council; determination of council composition, membership and number of members; capacity building for w88 win council; planning and implementing a schedule for making internal rules governing w88 win council’s operations; accountability and performance evaluation of w88 win council chairperson; procedures for recommending for recognition of w88 win council chairperson, council members, and w88 win chancellor by competent authorities; and responsiveness to eligibility conditions for autonomy as set forth in Clause 2 Article 32 of Law No.34. For w88 win aforementioned issues, public universities should:
First, ensure transparency in each and every academic operation of w88 win institution: With w88 win interwoven interests present in a public university, w88 win role of governing, controlling and harmonizing stakeholder interests requires “objectivity” in managing and running w88 win internal governance appratus, thereby ensuring democracy in every operation via w88 win role of governing and representing ownership and stakeholder interests played by w88 win university council.
Second,maintain and ensure coordination, consistency and harmony between w88 win university council and internal management structures. In legal terms,“w88 win council shall not intervene in w88 win day-to-day running and operations of w88 win institution. w88 win council shall primarily focus on strategic planning processes, review and approval of w88 win institution’s development strategy and workplans, and also on oversight of w88 win work conducted by w88 win chancellor as required by laws and w88 win institution’s internal rules on organizational and operational matters, making sure that w88 win institution is well on track with respect to its mission and goals. w88 win council shall be “loyal” to public interests as expected of a public higher education institution, striking a harmony of interests and responsibilities among all stakeholders”.([6])This is crucial to university autonomy, which should be aligned with accountability.
Third, resolve effectively w88 win question of managing and developing w88 win “tripartite” relationship among w88 win communist party committee vs. w88 win university council vs. w88 win chancellor in public universities. According to Clause 2, Article of Law No.34, such tripartite relationship is governed by w88 win institution’s internal rules on organizational and operational matters. A common approach taken by a number of public universities is to create w88 win university council and elect w88 win council chairperson as part of w88 win “personnel arrangements for w88 win communist party committee” of w88 win institution - which means w88 win council chairperson is w88 win chief of party ex-officio. All eligibility criteria for w88 win elected council chairperson and matters related to w88 win council fall within w88 win purview of w88 win party leadership and w88 win institution’s executive team. w88 win line agency is represented by a specified number of council members (say, one member). Such arrangement enables w88 win Communist Party committee to exert their leadership by cathedral thinking while w88 win university council addresses w88 win institution’s strategy, operational plan, and big-picture decisions - thereby ensuring consistent efforts in driving w88 win institution forward. w88 win chancellor is w88 win executive head, who is responsible for day-to-day operations and managing implementation efforts to realize w88 win vision and broad policy lines already endorsed by w88 win Communist Party committee and approved by w88 win university council.
It is important to note that w88 win process of setting up and operationalizing w88 win university council as required by Law No.34 would inevitably result in a “shift of power” from w88 win chancellor to w88 win university council. A successful transition from w88 win HEL 2012 to Law No.34 would demand strong political will from universities. Under current legislation, w88 win chancellor of a higher education institution is its legal representative and account holder (Article 20, Clause 3 Sub-clause a), while w88 win council works under w88 win collegial principle and, by majority voting, decides all important matters of w88 win institution. Therefore, who would be “w88 win head” of a public university and take ultimate responsibility for all activities of w88 win institution - would it be w88 win chancellor as an individual or w88 win council as a team? This important questions should be clarified in w88 win protocols of coordination between w88 win council and w88 win chancellor. Especially, public universities should make clear in their internal governance and management framework who would be held liable for w88 win bad decisions or poor performance of w88 win university council which harm w88 win interests of w88 win institution, students, w88 win State and w88 win public. This means that a capable, well-performing council is critical to public universities in their “long-run journey” toward university autonomy.
Fourth, a staged and law-compliant approach should be taken in creating, strengthening or restructuring w88 win university council. Inadequate capacity of w88 win council as a team or of individual council members should not be an excuse for delaying w88 win recreation or restructuring of w88 win council. Also, to avoid “rushing and hustling”, w88 win Decree that guides w88 win implementation of Law No.34 outlines a spectrum of “legal scenarios” as below:
1) For a newly established public university, w88 win line agency of such university shall direct and lead w88 win creation of its university council. w88 win first step is to appoint an acting chancellor, who will sit on w88 win interim/provisional university council, exercise w88 win powers and implement w88 win tasks conferred on w88 win chancellor until a formal recognition decision is granted. w88 win line agency determines w88 win number of members, composition, and election procedures of w88 win provisional council and issues a decision to recognize w88 win provisional council and chairperson. w88 win duration of a provisional university council is at maximum a year, since w88 win issuance of recognition decision by w88 win line agency. Upon expiry, w88 win provisional council must be replaced by an official council constituted in accordance with w88 win new law. w88 win creation of a new council will be led and directed by w88 win leadership team of w88 win university (comprising of party committee, chairperson of w88 win council, vice chairperson of w88 win council - if any, w88 win chancellor and vice chancellors)([7])in accordance with laws.
2) For an operative public university with no council, within 6 months from 15 February 2020 (w88 win date on which Decree No. 99/2019/NĐ-CP entered into force), w88 win leadership team must initiate w88 win establishment of w88 win council.
3) For operative public universities which already have their university council in existence, their actions would depend on whether, as of 15 February 2020, w88 win remaining term of office of w88 win council is less than 6 months or otherwise. If w88 win remaining term is less than 6 months, w88 win council continues to operate until w88 win end of their term. In parallel, w88 win leadership team must initiate a process for constituting w88 win council for w88 win next term of office in accordance with current laws. If w88 win remaining term is 6 months or more and w88 win council was created in accordance with Law No.34 and applicable rules of w88 win Party, it will continue its operations until w88 win end of office with full powers to decide on personnel arrangement for w88 win chancellor position as well as other powers and responsibilities as specified by laws and by w88 win institution’s rules on organizational and operational matters. If w88 win remaining term is 6 months or more but w88 win council was not created in accordance with Law No.34 and applicable rules of w88 win Party, w88 win leadership team must initiate w88 win process for establishing w88 win university council for w88 win succeeding term of office to replace w88 win non-compliant council. Note that, in this case, w88 win university must also review and amend its internal rules on organizational and operation matters. Once w88 win new university council is constituted, it will exercise w88 win decision-making power with respect to personnel arrangement for w88 win chancellor position.[8]Two possible outcomes could be expected from such action: either w88 win incumbent chancellor remains in office or he/she is replaced by another personnel.
In terms of legal procedures, at least 30 working days prior to w88 win expiry of their term of office, w88 win leadership team must prepare and submit relevant documentation to w88 win line agency for recommending recognition of w88 win council and chairperson for w88 win next term of office. Documentation includes w88 win proposal on recommended recognition; list of recommended personnel for w88 win council chairperson position and members, CVs and written agreement to participate of w88 win recommended personnel; meeting minutes, vote count minutes, written notice by w88 win line agency on appointment of their representative to sit on w88 win council, and other relevant documents. Decree No.99/2019/NĐ-CP requires w88 win line agency, within 30 working days from receipt of such submission from w88 win university, to issue a decision of recognition. w88 win line agency may refuse to recognize w88 win council, or refuse to recognize w88 win recommended chairperson or any council members. Such refusal must be in writing and w88 win reasons therefor must be clearly stated. Such “refusal to recognize” is a mechanism for w88 win line agency to exercise w88 win power of w88 win owner (i.e. w88 win State) as w88 win regulator of higher education, and such power is only used where it is so required to prevent public universities from “crossing w88 win limits” when crossing w88 win limits jeopardizes their effectiveness as a provider of higher education and undermines w88 win common interests. Therefore, what public universities should do for w88 win time being is to thoroughly consider and devise a well-thought, forward-looking strategy for personnel arrangements for w88 win council chairperson and elected members, thereby ensuring a sound composition of w88 win council with quality, reputation and right mix of skills and abilities, right balance of internal and external council members. Many recent studies reveal that among w88 win most important skills required for a council member are generalization, environmental scan, constructive interaction, innovation and learning ability. Ability to generalize enables a council member to capture a broader view and to be more visionary. Similarly, environmental scanning skills help a council memeber to accurately assess w88 win institution’s issues in relation to both internal and external factors. Ability to interact effectively and to judge personality help council members elect w88 win right executives and cooperate with them. Ability to learn allows council members to quickly change w88 win course of their thinking and action based on new information available to them or unexpected changes in circumstances. Those are w88 win qualities expected of a person involved in strategic planning – that is, council members. They are w88 win ones who make strategies, set principles anc core values, and oversees w88 win performance of w88 win chancellor and of departments/units of w88 win institution.
Public universities should be careful in selecting their council members, who should have a good insight into w88 win institution and higher education management and have sufficient knowledge and skills for operating a university and driving it towards w88 win stated goals. It is essential that w88 win interests of council members are aligned with w88 win institution’s interests, because“no model or solution would work if w88 win people who are directly involved do not, for a start, assimilate w88 win nature, meaning, pros and cons, and pre-requsites for w88 win application of such model or solutionx”.([9])Moving forward, public universities should, above all, aim for professionalism of and merit-based remuneration for their council members./.
NOTES AND REFERENCES:
([1]). Fielden John, Global trends in university governance, w88 win World Bank, United States, 2008, p. 37. Bruneau William, Grosjean Garnet, Schuetze Hans G., University governance and reform - Policy, fads and experience in international perspective, Palgrave Macmillan, United States, 2012, p. 4 - 6.([2]). Article 16, Clause 1 of w88 win Law to amend selected articles of w88 win HEL.
([3]). Ministry of Education and Training, “Report on reviewing w88 win implementation of w88 win HEL (as part of w88 win Ministry’s submission No.12/TTg-BGDDT dated 15 January 2018), pp. 9-10.
([4]). Phạm Thị Lý, “w88 win university council in university governance in Vietnam: A business perspective”, Journal of Education Sciences, Issue 137, February 2017, pp. 6-11; Lâm Quang Thiệp, “w88 win university council in Vietnam’s public higher education institutions”, Vietnam’s annual education report, 2012, pp. 402-422.
([5]). Article 20, Clause 1 w88 win Law to amend w88 win HEL.
([6]). Ministry of Education and Training, “Report on reviewing w88 win implementation of w88 win HEL (as part of w88 win Ministry’s submission No.12/TTg-BGDDT dated 15 January 2018), p.10
([7]). Sub-Clause đ, Clause 1 Article 7 Decree No. 99/2019/NĐ-CP.
([8]) Sub-clause c, Clause 1, Article 7, Decree No. 99/2019 NĐ-CP, providing detailed guidance on implementation of selected articles of w88 win HEL.
([9]). Phạm Thị Lý, “w88 win university council in university governance in Vietnam”, cited before, pp. 6-11.
REFERENCES:
1. Bruneau William, Grosjean Garnet, Schuetze Hans G. (2012). University governance and reform - Policy, fads and experience in international perspective. United States: Palgrave Macmillan.
2. Fielden John. (2008). Global trends in university governance. United States: w88 win World Bank,
3. Phạm Thị Lý. (2017). w88 win university council in university governance in Vietnam”, Journal of Education Sciences, 137, February 2017, pp. 6-11.
4. Lâm Quang Thiệp (2012), “w88 win university council in Vietnam’s public higher education institutions”, Vietnam’s annual education report, pp. 402-422.
Hội đồng trường của các trường đại học công lập tại Việt Nam: Bản chất, tầm nhìn và hành động
ThS. NGUYỄN TUẤN HƯNG
Trường Đại học Y Hà Nội
TÓM TẮT:
Năm 2020 được xác định là điểm xuất phát tiếp theo của việc thực hiện cơ chế tự chủ đại học đối với các trường đại học công lập tại Việt Nam, trên cơ sở của Luật sửa đổi, bổ sung một số điều của Luật Giáo dục đại học năm 2012 (Luật số 34/2018/QH14) và Nghị định số 99/2019/NĐ-CP quy định chi tiết và hướng dẫn thi hành một số điều của Luật sửa đổi, bổ sung một số điều của Luật Giáo dục đại học. Một trong những mục tiêu quan trọng khi sửa đổi, bổ sung Luật lần này là nhằm tháo gỡ, khắc phục những “điểm nghẽn” về thể chế tự chủ đại học hiện nay, trong đó có liên quan đến hội đồng trường. Bài viết tập trung trao đổi về thiết chế này từ phương diện bản chất, tầm nhìn và hành động thực tế mà các trường đại học công lập ở Việt Nam cần làm thời gian tới.
Từ khoá:Giáo dục đại học, trường đại học, công lập, tự chủ đại học, hội đồng trường.
[Tạp chí Công Thương - Các kết quả nghiên cứu khoa học và ứng dụng công nghệ, Số 17, tháng 7 năm 2020]
