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Expect the law to be practical

The current Law on Higher Education was issued in 2012; amended and supplemented in 2018. This time it is being amended again. Each time the law is amended, old issues continue to be brought up.

Báo Thanh niênBáo Thanh niên17/05/2025

Recently, the Ministry of Education and Training has organized many seminars to collect opinions on policies for the revision of the Law on HigherEducation . Since the first drafting of the law in 2012, the goal of the drafting committee was to create a legal corridor to expand autonomy for higher education institutions. However, each time the law is amended, old issues continue to be brought up. For example, the issue of the university model within the university, or how to effectively exercise the power of the university council...

According to the Ministry of Education and Training, the implementation of the Law on Higher Education has encountered a number of difficulties and obstacles, including causes from awareness, capacity for implementation and limitations while the Law on Higher Education has many new policies and regulations. The system of legal documents related to the operation of higher education institutions has not been completed synchronously.

The Ministry of Education and Training also frankly admitted that some provisions of the Law on Higher Education are still inadequate, have not fully promoted the democratic role of political and social organizations, are not suitable to reality and do not keep up with the requirements of socio-economic development in the new context of the country.

For example, the regulations on university organizations with member universities (2-level model) have many shortcomings, especially when implementing the autonomy mechanism. The university councils of some higher education institutions have not operated effectively. In implementing university autonomy, public universities actually encounter many obstacles due to legal regulations on organization, personnel, finance and assets for public service units. Regulations on autonomy conditions and levels according to financial guarantee capacity have led to many limitations in practice.

The law's shortcomings are also reflected in many other policies such as: on the teaching staff, university finance, training - research activities, quality assurance... The Ministry of Education and Training expects that the law amendment will create a legal basis to remove difficulties and obstacles in the implementation of the current law on higher education; overcome limitations in training quality, university governance, autonomy, finance, digital transformation and international cooperation.

However, according to many university managers, it is difficult to expect that this law amendment will end the controversy when the current higher education system has historical problems. 20 years ago, we allowed too many universities to open without any standards. After that, policy-making agencies were forced to issue regulations that were "chasing" to solve the backlog of reality.

Not only the law but also the current sub-law documents are of a "coping" nature with unexpected developments. The story of the state management agency allowing schools to "explode" their admission methods and now struggling to find a way to "wrap" them into a regulation is an example.

This time, the law amendment is assessed by experts as being methodical. Before drafting specific contents, the Ministry of Education and Training has prepared a fairly complete set of documents, including serious assessments of the policy impact of the current law. Therefore, the amended law will cover practical cases, put the operation of the entire system into the legal framework, and avoid the situation of patching things up.

Source: https://thanhnien.vn/ky-vong-luat-se-phu-hop-thuc-tien-185250516224636078.htm


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