The right of Access to higher education: the case of Vietnam

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THE RIGHT OF ACCESS TO HIGHER EDUCATION:

THE CASE OF VIETNAM

<b>A/Prof. Vu Cong Hao </b>
Hanoi Metropolitan University

<b>1. The Education System of Vietnam: An Overview</b>

Vietnam is located in the South East Asia region, bordering China in the north, Lao PDR and
Cambodia in the west, and the Pacific Ocean in the east. The total territory of Vietnam is 330,957 km2
and total population is 90.73 million3 people as of 2014.1_{Hanoi is the capital city of Vietnam. The}

country is divided into 63 provinces and municipalities with 54 different ethnic groups, of which 90
per cent comprised of Kinh (Viet) people using Vietnamese as the official language2_.

Since Doi Moi (Innovation, 1986), Vietnam has progressed fast economic growth. Before 1986,
Vietnam was one of the lowest income economies with less than $100 Gross National Income (GNI)
per capita in the 1980s. However, thanks to Doi Moi, the country in 2015 joined the club of
lower-middle income countries3_{(which include the countries with a GNI per capita of more than $1,045 but}

less than $4,125).

Economic development has created favorable conditions for Vietnam to promote economic,
social and cultural rights, including the right to education which demonstrated through the Millennium
Development Goals (MDGs). Viet Nam has made the significant progress on Millennium Development
Goal 1 (MDG 1) on poverty reduction, and from a rate of 49.2 per cent in 1992 to 3.2 per cent in 20124_,

though the inequalities between urban and rural areas as well as among social groups still exist. Following
the MDGs, the Sustainable Development Goals (SDGs) were adopted in September 2015 by Viet Nam,
with the SDG 4 on education. Since the independence of Vietnam (1945), the Vietnamese government
has paid much attention to the development of education. Since 1945, several education reforms have
transformed the education5_{: The first (1945-1954) transformed the structure of the general education into}

eight years of education with three levels: primary education of four years; lower secondary education
of two years; and upper secondary education of two years. The second (1955-1975)6_{, in the north, the}

1_{Source: World Bank database, accessed in July, 2015.}

2_{Source: UN ESCAP database, accessed in July, 2015. Estimation from World populations prospects 2012.}
3_{World Bank country and lending groups, accessed in July, 2015}

4_{Source: World Bank database, accessed in October, 2015.}

5_{MOET and UNECSO (2016), Education Financing in Viet Nam, 2009-2013}

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
general education systems changed into a 10 years programme with four years of primary education,
three years of lower secondary education, and three years of upper secondary education, while iin the
south, the general education experienced several changes with the components of primary education
(five years), lower secondary education (four years), and upper secondary education (three years). The
third (1976-1985), the school curriculum is changed into 12 years of general education with primary
and lower secondary education combined, and preparation was made for streaming in upper secondary
schools. The fourth (1986-2005), due to difficulties in providing sufficient public resources for the
education system led to a decline in quality, the government allowed the collection of tuition fees at all
levels of education with the exception of primary education, and permission was given to open private
kindergartens, and semi-public and people-founded classes/schools at all levels.1

<b>Diagram 1. Current Structure of Education System of Vietnam2</b>

Tiến sỹ
Doctor of philosophy

(1-4 năm/ 2-4 years)
Tuổi/ Age

Giáo dục Đại
học (Higher
Education)

Giáo dục Phổ
thông (General
Education)

Giáo dục Mầm
non (Preschool
Education)
3 tháng/
months
24
21
18
18
15
11
6
6
3

Đại học/
University
(4-6 năm/ 4-6 years)

Trung học phổ thông
Upper Secondary school
(3 năm/ 3 years)

Trung học cơ sở/ Lower Secondary
(4 năm/ 4 years)

Tiểu học/ Primary school
(5 năm/ 5 years)

Mẫu giáo/ Kindergarten
Nhà trẻ/ Nursery

Giáo dục
thường
xun (giáo
dục khơng
chính quy)
Continuing
Education
(Non-formal
Education)
Trung học chuyên nghiệp

Professional Secondary
(3-4 năm/ 3-4 years)

Dạy nghề/ Vocational training
Dài hạn/ Long term
(1-3 năm/ 1-3 years)
Ngắn hạn/ Short term
(<1 năm/ <1years)
Thạc sỹ/ Masters

(2 năm/ 2 years)

Cao đẳng/ College
(3 năm/ 3 years)

There is ongoing comprehensive reform of education and training in Vietnam, which emphasizes
education and training as the top national policy and a first priority among social economic development
<i>plans and programs. According to the World Bank, the reform is ‘to change past inappropriate </i>
perceptions and solutions, and to forcefully propose and implement new solutions so as to halt the
recession, stabilize and strengthen the system, and bring about a situation with the resources needed
for continued development’3_{. In this regard, there were three key policies for education renovation:}

1_{World Bank. (2013). Education in Vietnam: Development history, challenges and solutions. Retrieved from}

/>Education_Vietnam_Development.pdf.

2_{Source: Viet Nam National Education for All 2015 Review, 2015.}

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The first is to transform educational objectives from those serving the needs of the State owned
economic and collective economic sectors to the needs of the market economy. The second is directed
at the socialization of education by involving different stakeholders in the development of education,
diversifying the types of education and exploring and utilizing different resources for educational
development. And the third is to democratize education by the creation of conditions that allowed for
people from the community to participate in the management of education.1

<b>2. Situation and adopted policies which promote the the right of access to higher education in Vietnam</b>
<i>Vietnam has a long tradition of higher education, with the first national university (‘Quoc Tu </i>

<i>Giam’) established since 11</i>th _{and remained until the mid-nineteenth century, when Indochina was}

colonized by the French2_{. Right after that, the University of Indochina was established by the French}

in the late of 1930s, which the aim at ‘training people to serve the colonial apparatus’.3

After Dien Bien Phu victory, Vietnam was divided into two parts: The Democratic Republic
of Vietnam governed by the Communist Party in the North and the Republic of Vietnam backed up
by the United States of America in the South. Consequently, higher education in the Democratic
Republic of Vietnam was influenced by the socialist countries block, while higher education in the
Republic of Vietnam followed the French and American education models4_{. In 1975, Vietnam was}

reunified after the collapse of the Republic of Vietnam, as a result, higher education in the country
was merged into one system which was applied in the North.

As shown in the above Diagram 1, at present, higher education in Vietnam includes four levels:
college, undergraduate, master and doctorate. Specifically, college- level training over 2-3 year courses
is available for upper secondary or professional and vocational secondary graduates; or over 1-2 year
courses for those graduates in the same training area/discipline. Undergraduate-level training over
4-6 year courses is available for upper secondary or professional and vocational secondary graduates;

or over 21/2-4 year courses for graduates from the same training area/discipline at secondary level;
or even 11/2-2 year courses for graduates in the same training area/discipline at college level. Master-
level training courses of 1-2 years are available for university graduates. Doctorate- level training
over 4 years is available for university graduates; and over 2-3 years for master degree holders.

Higher education institutions in Vietnam include: Junior colleges; Colleges and universities,
including those with different university members and others with only faculties, academies;
Universities and research institutes are only allowed to provide master and doctorate training if they
are qualified by having a sufficient pool of professors and associate professors, physical facilities,
equipment and experience in taking on the responsibilities of conducting state- level scientific research.

1_{Dang, B.L. (2003). Vietnam’s education in the first decades of the 21st century – a development strategy. Hanoi:}

Educational Publishing House.

2_{Nguyen, L. (2006). Vietnam’s higher education in the transitional period.Working paper for the 28th Human Resource}

Development, Working Group Meeting, Ho Chi Minh City, Vietnam.

3_{World Bank. (2013). Ibid.}

4_{Brooks, T. (2010). Innovation education: Problems and prospects in governance and management of the Vietnamese}

higher education system. ISP Collection.

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
<b>Diagram 2. Higher education Degree Structure of Vietnam</b>1

The right to education was recognized in the first Constitution 1946 of Vienam and later
re-affirmed in all subsequent constitutions (1959, 1980, 1992,2013), this right has however not yet been

clarified. Traditionally, in Vietnam, the right to education has been understood as the right to free
primary education and the right to equal access to other levels of education2_.

Although the economic achievements of Doi Moi have contributed to the promotion of the right
to education in general in Vietnam, it did not immediately affect the right to higher education system
until the Government issued the Decree 90/CP in 1993 affirming the country’s commitment to the
unification and restructure of the higher education system and declaring the right of all people in
Vietnam to pursue higher education3_.

The growth of the right to pursue higher education in Vietnam since 1993 is reflected in the
following specific aspects:

<i>First, the reform of higher education management system, which creates more favorable conditions </i>
<i>for learners</i>

Specifically, the system was bureaucratically re-structured from three agencies involved in the
management of higher education to one organization (the Ministry of Education and Training or
MOET) which aimed to be more responsive to the new and diverse demands of society4_{. Five new}

1_{Thu, DTH (2013), Curriculum Planning Management in Higher Education in Vietnam: The Perspective of Higher}

Education Institutions, Thesis for the Degree of Doctor of Philosophy of Curtin University.

2_{Except the 1980 Constitution which stipulated that all levels of eduacation are free of charge.}

3_{World Bank. (2008). Vietnam: Higher education and skills for growth. Retrieved from ldbank.}

org/INTEASTASIAPACIFIC/Resources/Viet nam-HEandSkillsforGrowth.pdf.

4_{Nguyen, H. (2010). The impact of globalisation on higher education in China and Vietnam: Policies and practices.}

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higher education were established by merging a number of smaller higher education, with combined
<i>teaching and research functions, a feature which had disappeared in the system before Doi moi</i>1_.

Previously higher education were mono-disciplinary institutions, with limited research capabilities.
These new institutions included two national universities (i.e. Hanoi National University and Ho Chi
Minh City National University) and three regional universities (i.e. Thai Nguyen, Da Nang and Hue
Universities)2_.

<b>Table 1. Types of Universities in Vietnam3</b>

Types of universities

Specialised universities Multi-disciplinary universities Open universities
- Narrowly focused or focused on a

single field of education
- Academic research capacity

(e.g. University of Economics,
University of Laws, University of
Medicine)

- Wide range of study areas
- Academic research capacity

(e.g. Ho Chi Minh City National
University, Hue University)

- Wide range of study areas
- More accessible to students

(e.g. Ho Chi Minh City Open
University)

<i>Second, the expansion of higher education institutions and the recognition of private universities, </i>
<i>which creates more opportunities and choices for learners</i>

Since Doi Moi in 1986, the number of higher education institutions dramatically increased,
including public and private types. Private higher education institutions have opened up the
opportunity for hundreds of thousands of Vietnamese students to attend colleges and universities,
especially in new areas that public colleges and universities do not yet have4_{. The position of private}

higher education institutions in Vietnam is increasingly strengthened, and in some areas such as
Business Administration, Information Technology, etc., some private universities have gained higher
credibility comparing to public ones.

However, the enrolment of students in the private sector remains small compared with public
sector institutions, though the private sector has been given more autonomy in terms of management
comparing to public institutions. Specifically, there were only 218,189 students enrolled in the private
higher education in 2009, including both universities and colleges, representing 12.7 per cent of the
total enrolment of students in higher education5_.

1_{Thu, DTH (2013), ibid.}
2_{Thu, DTH (2013), Ibid.}
3_{Thu, DTH (2013), Ibid.}

4<sub> Lam, Q.T. (2013). Non-public education system in Vietnam. Retrieved from />5_{Dang, Q.A. (2009). Recent higher education reforms in Vietnam: The role of the World Bank. Working Paper Number}

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<b>Table 2. Vietnam Higher education Institutions 1987-20091</b>

1987 1997 2009

Public institutions 101 111 295
Private institutions 0 15 81

Total 101 126 376

<i>Third, the growth in student enrolments in higher education</i>

Since Doi Moi (1986), there has been a rapid growth in student enrolments in higher education
in Vietnam. Specifically, student enrolments have increased 2.4 times in the period 1997-2009 and are
nearly 12 times more than they were in 19872_.

<b>Table 3. Student Enrolment and Graduates in Higher education Institutions in Vietnam 1987-2009</b>

1987 1997 2009 Growth % 1987-2009
Number of higher

education 101 126 376 372
Number of students 133,136 715,231 1,719,499 1,291
Number of graduates 19,900 73,736 222,665 1,118

More recent statistics show that uuniversities and enrollment at the tertiary level has grown
dramatically in Vietnam over the last decade, with the national gross enrollment ratio (college

enrollment as a percentage of the total college-age population) rising from 10 percent in 2000 to 16
percent in 2005, and 25 percent in 2014, according to data from the UNESCO Institute of Statistics
(see the below chart).

1_{MOET. (2009). Báo cáo về quá trình phát triển của hệ thống giáo dục đại học: giải pháp đảm bảo chất lượng đào tạo}

và nâng cao chất lượng giáo dục [Report on the development of higher education system: Solutions to ensure quality
assurance and improve educational quality]. Retrieved from />

2_{MOET. (2009). Báo cáo về quá trình phát triển của hệ thống giáo dục đại học: giải pháp đảm bảo chất lượng đào tạo}

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Nevertheless, in terms of the Gross Enrolment Rate (GER)1_{, Vietnam still has a low rate compared}

with that of other countries. Specifically, the GER of Vietnamese higher education is variously
estimated in the range of 13 per cent - 16 per cent, whereas the participation rate of Australia is 82 per
cent - almost six times higher than that of Vietnam2_{. Because of that, Vietnam has set a GER target of}

45 per cent by year 2020.3_{However, this target is still lower than the rate of at least 50 per cent which}

is critical for sustaining a developed economy as well as for supporting solutions for international
industry competitiveness, particularly in the wake of globalization4_.

<b>3. National framework or mechanism on the promotion and protection of the right of access to higher </b>
<b>education in Vietnam</b>

The promotion and protection of the right of access to higher education is closely linked to the
reform of the higher education system. This issue is very interested by Vietnam due to the following

reasons:

<i>First, to meet the demand for high-level human resources for the economy: Since Doi Moi, the </i>

market economy requires more and more high-quality human resources, which the past centralised
and funded higher education system found it difficult to satisfy.5_{The ability to participate effectively}

in the global economy and the capacity to respond to the high economic growth rate required higher
education to be revitalised so that young people were well-prepared for jobs in both the financial and
industrial sectors6_{. The provision of a qualified workforce was, therefore, an important part of the}

Vietnamese Government’s strategy for higher education reform7_.

<i>Second, to meet the demand for high quality higher education of local students: This nonother </i>

pressure on Vietnamese higher education system. Since Doi Moi, due to the low quality of local
higher education, there was an increasing number of Vietnamese students going abroad to study or
choosing to enrol in collaborative programs conducted in Vietnam by foreign universities. Within
two recent decades, Vietnam has risen to become a significant source of international students for a
number of countries around the world, most notably Australia and the United States which, combined,
enrolled 36 percent of the approximately 106,000 overseas Vietnamese students in 2012 (see below
chart). China is also the other major destination of choice for Vietnamese students, enrolling 13,500
in 2011, while Asia on the whole accounts for an estimated 34 percent of international enrolments
(36,000). This share is likely to grow, according to observers, who point to the price sensitivity of
Vietnamese students and recruitment efforts of countries like Singapore and Taiwan, both of which
are increasingly popular destinations for Vietnamese students. Thus, for Vietnamese higher education

1_{The GER is defined as the number of students enrolled in the sub-sector or sub-division as a proportion of the relevant}

age group in the population (students enrolled per 10,000 of the population).

2_{Sheridan, G. (2010). Vietnam Higher Education Sector Analysis. In ADB Technical Assistance Consultant’s Report -}

Vietnam: Preparing the higher education sector development project (HESDP). Retrieved from />Documents/Reports/Consultant/VIE/42079/42079-01- vie-tacr-03.pdf.

3_{MOET. (2009), ibid.}
4_{Sheridan, G. (2010).}

5_{Nguyen, V.N. (2006). Các giải pháp triển khai phương thức đào tạo theo tín chỉ tại trường Đại học Quốc gia Hà Nội}

[Solutions for the implementation of the credit transfer education system at Hanoi National University]. Working
paper for the VUN Conference, Da Nang, 2006.

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to be more competitive, quality assurance and an expanded range of higher education opportunities
were two important components of the Government’s reform strategies1_.

In order to improve quality of higher education system, making it plays a significant role in
preparing human resources for the country and assists the achievement of economic development
goals, Vietnam has implemented several reforms over the recent decades

<i><b>The Education Strategic Plan for 2001-2010</b></i>

The Education Strategic Plan for 2001-2010 of Vietnam was developed by the MOET with
the aim of diversifying, standardising, modernising and increasing social participation in education,
enabling education to actively take part in the implementation of the Socio-economic Development
Plan for 2001-20102_{. As highlighted by UNESCO, major goals identified for the implementation of}

the plan were to: (i) improve education quality; (ii) undertake curriculum reform; (iii) recruit teaching
staff to meet the increase in enrolment and for the quality improvement; (iv) increase effectiveness and

the innovation of the teaching – learning method: from teacher centred to learner centred methods; (v)
innovate the education management; (vi) create the legal basis and bring into play the internal forces
for education development3_.

The implementation of the Education Strategic Plan for 2001-2010 was divided into two phases. In
Phase 1 (2001-2005), the major focus was ‘to create the basic changes in education quality, to innovate
content, methods and curriculum, to build up teaching staff, to innovate education management, to
enhance social participation and to create a solid base for achieving strategic goals in the second
phase’ of the plan4_{. In order to do this, many higher education reform projects were undertaken, aimed}

at ‘improving the efficiency and transparency through restructuring the institutions, the administrative

1_{Thu, DTH (2013), Ibid.}
2_{MOET (2013), ibid.}

3_{UNESCO. (2013). Session 8: International Commitments (EFA, MDG,PRGS) and National Education Sector}

Planning. UNESCO Course on Decentralised Education Planning in the Context of Public Sector Management
Reform. Retrieved from Material/Session- 8/Paper%20
8.1.%20International%20Commitments%20&%20National%20E ducation%20SectorPlanning.pdf.

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organisation, reforming service and public finances’.1_{Some of these projects include revision of}

curricula, content and textbooks, improvements in education management and in the management
and training of non-public universities, the establishment of open universities and the transfer of
management to institutions2_.

In the Phase II (2006-2010), the Government continued its educational reforms by approving the
Socio- Economic Development Plan (SEDP). The SEDP aimed to increase investment in education
and ‘to reach the advanced education standards of the region and the world’.3_{The SEDP’s goals were}

to be achieved by improving higher education quality, including modernising curriculum and teaching
methodologies, by revising budget planning and policies, human resourcing and organisational matters
and by delivering stronger decentralisation and a clearer delineation of responsibilities and authority.4

The MOET claims that the Education Strategic Plan for 2001-2010 has made an impact on higher
education of Vietnam, including improvements to the size and types of higher education, diversification
in the forms of education available and the increased involvement of different stakeholders in higher
education reforms to meet the demands of socio-economic development of the country.5

<i><b>Higher education Reform Agenda 2006-2020 (HERA)</b></i>

As an extension of the earlier reform, the Government of Vietnam, with the aim of continuing
the modernising the higher education system by 2020, approved a resolution to adopt ‘substantial
and comprehensive renewal of Vietnam’s higher education in the 2006-2020 period’, which aims
to make Vietnamese higher education system achieve ‘international standards, highly competitive
and appropriate to the socialist-oriented market mechanism’.6_{The higher education Reform Agenda}

(HERA) was developed by the MOET to achieve these aims.

HERA presented 32 ‘ambitious and broad’ objectives, covering all aspects of higher education;
however, it did not specify how these objectives were to be realised over time7_{. Four key objectives}

are:8_{(i) to confer legal autonomy on higher education institutions so that they can be given the right to}

decide and be responsible for training, research, human resource management and budget planning;

(ii) to eliminate line-ministry control and to develop a mechanism for having State ownership
represented within public higher education institutions; (iii) to develop a system for quality assurance
and accreditation for higher education, improve on the legislative and regulatory environment and
accelerate the State’s stewardship role in monitoring and inspecting the overall structure and scale of
higher education; and (iv) to develop a Higher education law.

1_{Henaff, N., Lange, L-F., & Tran, T.K.T. (2007). Vietnam country case study. Country profile prepared for the Education}

for All Global Monitoring Report 2008; Education for All 2015: Will we make it? United Nations Educational,
Scientific and Cultural Organisation.

2_{Thu, DTH (2013), Ibid.}
3_{Sheridan (2010), ibid}
4_{Sheridan (2010), ibid}
5_{MOET (2009), ibid}

6_{Government of the Socialist Republic of Vietnam.(2005b). Nghị quyết số 14/2005/NQ-CP về việc đổi mới cơ bản và}

toàn diện giáo dục đại học Việt Nam 2006-2020 [Resolution No. 14/2005/NQ-CP on the basic and total renovation of
higher education in Vietnam 2006-2020]. Hanoi: MOET’s Office.

7_{World Bank. (2008), ibid.}

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Three other objectives that are also of significance are:1_{(i) full development of a higher education}

curriculum that supports research and provides students with career options, and that is effectively
integrated, fully responsive to quality assurance processes, and delivered by higher education
institutions that are properly accredited and that meet international standards; (ii) the achievement of
a marked increase in the number of qualified higher education staff and managers, sufficient to ensure

that the higher education student-teacher ratio is below 20:1, and that, by 2020, at least 60 per cent of
all academic staff have a masters level degree and at least 35 per cent have a doctoral degree; and (iii)
the advancement of scientific and technological research and development activity within key higher
education institutions, such that this activity generates at least 15 per cent of the total higher education
institution revenue by 2010 and 25 per cent by 2020.

In general, the HERA was to be achieved by implementing a number of reform measures to
reinforce accountability for higher education management. The first measure of reform was to
provide higher education with more autonomy so that higher education could transfer to institutional
self-management and be fully responsible for their sustainable development2_{. The second measure}

of reform was the construction of an effective legislative system for higher education management,
encompassing a redefinition of the role of the Government in the establishment and monitoring
of a quality assurance and accreditation mechanism for the higher education system3_{. Further, the}

improvement of research and development at higher education and investment in scientific and
technological research for commercialisation purposes was promoted under the higher education4_.

All these measures were intended to make the system ‘more aligned with international standards’ in
terms of educational quality.5

<b>4. Promotion and protection of the right of access to higher education in Vietnam: Opportunities and </b>
<b>Challenges </b>

<i><b>4.1. Opportunities</b></i>

There are some favorable factors to promotion and protection of the right of access to higher
education in Vietnam including:

<i>Vietnamese tradition of fondness for learning: Vietnam is one of the countries with longstanding </i>

tradition of fondness for learning. This tradition is at present still very strong. Most Vietnamese
people understand the importance and significance of education, and have a deep belief in the benefits
of education. Therefore, going to college becomes a motivation for most young people, and pride of
families. This tradition has positive impact on the enrollment rate of local universities, and drives the
efforts of families to provide their children with university education. Enrollment in higher education
has grown dramatically over the last decade, with the national gross enrollment ratio (university/
college enrollment as a percentage of the total university/college-age population) standing at around
25 percent. The number of potential students far exceeds available classroom seats. These are all a
good basis for promoting and protecting the right of access to higher education.

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<i>Development of higher education system: In the last 30 years of reform, Vietnam’s higher education </i>

has experienced significant development, expansion of enrollments, extension of training objectives
and diversification of ownership and resources for investment. At present, there are 445 universities
and colleges in Vietnam and the Vietnamese government introduced plans under a program called
the New Model University Project to significantly increase the total number of universities by 2020.

The Vietnamese Government has also acknowledged shortcomings in the current higher education
system and recently changed its tone toward international standards. With approximately 20 percent
of Vietnam’s national budget (or US$10 billion), is devoted to education, the education reform in
general higher education is promising significant improvements in the coming years.

In addition to public institutions, private universities are permitted to operate and charge tuition.
Currently, the private sector accounts for approximately 20 percent of schools, providing more
opportunities for local students to access to higher education.

In addition, foreign investment on higher education is recognized and encouraged in Vietnam.
Foreign higher education institution establishment, foreign-backed joint venture universities and
collaboration programs between Vietnamese and foreign institutions are among the possibilities that
Vietnamese students can access.

<i>Reform of Higher Education</i>

The Higher Education Renovation Project for 2006-2020 period sset up the overall objectives of the
renovation of higher education over the next 15 years are: to make fundamental changes in higher education
quality and size; to improve institutional and system competitiveness; and to make higher education
institutions responsive to - and operate efficiently within - the socialist-oriented market mechanism. On
that basis, higher education can better fulfill its mission of training highly qualified human resources that
meet the country’s socio-economic development requirements and people’s learning needs.

To achieve the above objectives, universities, colleges and the entire higher education sub-
sector will expand enrollments to meet the target of 200 students/10,000 people by 2010 and 450
students/10,000 people by 2020. In addition, a modern higher education system with an appropriate
qualification structure and network will be established to meet the demands for highly qualified
human resources for industrialization and modernization.

The Higher Education Renovation Project therefore promises promoting the right of access
to higher education in Vietnam in the coming years in all aspects of accessibility, acceptability,
adaptability, and availability.

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
Strategic Plan has to be placed in the context of global citizen education given fierce competition in
tertiary and vocational education towards cross-country knowledge transfer.”1

<i><b>4.2. Challenges </b></i> <i><b> </b></i>

Despite the encouraging results achieved since Doi Moi, there are various challenges to the
promotion and protection of the right of access to higher education in Vietnam, which relate to all
issues of accessibility, acceptability, adaptability, and availability.

<i><b> Accessibility</b></i>

According to the Committee on Economic, Social and Cultural Rights (CESCR), accessibility
includes the aspects2_{: (i) Coverage: All persons must be covered without discrimination of any}

kind, especially individuals belonging to the most disadvantaged groups. In order to achieve
universal coverage, non-contributory measures in addition to contributory schemes must be used;
(ii) Eligibility: The selection used for the identification of beneficiaries within a programme must
be reasonable, proportionate and transparent; (iii) Affordability: If a social protection programme
requires contributions, then the contributions must be stipulated in advance. The direct and indirect
costs and charges associated with making contributions must be affordable for all; (iv) Participation
and information: Beneficiaries of social protection programmes must be able to participate in the
administration of the programme, as well as have the right to seek, receive and impart information
on entitlements in a clear and transparent manner; (v) Physical access: Benefits must be provided
in a timely manner and beneficiaries must have physical access to receive benefits and information.
Particular attention must be paid in this regard to persons with disabilities, migrants and persons
living in remote, disaster-prone or conflict areas.

While reviewing current policy and the situation of higher education in Vietnam, one can see
that the main challenges relate to two aspects of affordability. In this regard, Vietnam has always
confirmed the equity of access very much in line with “admission to higher education should be based
on the merit, capacity, efforts, perseverance and devotion and can take place in a lifelong scheme,
at any time, with due recognition of previous acquired skills”3_{. However, the fact is that at present,}

certain groups (women, ethnic minorities, the less privileged, those from particular regional areas) are

not represented in higher education proportionately in terms of their numbers in the population4_{. The}

reason for this is that poverty in Vietnam has a geographical aspect, the poorer regions tend to have
fewer higher institutions and people just cannot pay for their tuition fee and living expenses and this
consequently results in a lower level of enrolment5_.

1<i>_{Vietnam Education Development Strategic Plan joins world trends Wednesday, The Voice of Vietnam (VOV5),}</i>

September 18, 2019, at
/>

2_{UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 19: The right to}

social security (Art. 9 of the Covenant), 4 February 2008, E/C.12/GC/19, available at: />docid/47b17b5b39c.html [accessed 4 September 2018].

3_{UNESCO (1998), ibid.}

4_{Nha, NV and Tu, VN (2015). Higher Education Reform in Vietnam: Current Situation, Challenges and Solutions.}

VNU Journal of Science, Vol. 31, No. 4 85-97.

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<i><b>Acceptability</b></i>

Acceptability refers to sensitizing a social protection programme toward the multiple forms
of discrimination that might arise at the intersection of race, gender, class, ethnicity, disability or
other identities and backgrounds1_{. In this regard, although Vietnam has joined the UN Convention on}

the Rights of Persons with Disabilities since 2013 and adopted a Law on Persons with Disabilities
since 2010, there are very few of practical measures to ensure the rights of this group. In terms of
higher education, there is no any specific policies to support students with disabilities, while facilities
(classrooms, library, offices, toilets ...) of most universities have not met the minimum standards for
people with disabilities. Thus, the number of students with disabilities makes a negligible proportion
of the total students in Vietnam.

The lack of minimum conditions for people with disabilities in universities can be considered
as a discrimination against people with disabilities in the enjoyment of the right of access to higher
education in Vietnam.

In addition, acceptability also refers to the assistance to poor students. Relating to this issue, a
recent survey shows that the current student loan limit at VND 1,500,000 (70 USD) per month2_{is not}

enough for students who are from poor families to “survive”.

<i><b>Adaptability</b></i>

Adaptability means that the education system should be constructed in ways that recognize and
accommodate the local context, in order to reach all groups of society. In this regard, the challenge
facing Vietnam’s higher education is the lack of universities of recognized quality. Up to date, there
is very few Vietnamese university appears in any list of leading regional and world universities. Up
to date, Vietnam has only 3 universities in the overall Times Higher Education World University
Rankings, which are: Hanoi University of Science and Technology (801–1000th_{); Vietnam National}

University, Hanoi (801–1000th_{); Vietnam National University (Ho Chi Minh City) (1001}th₎3

In addition, there is a severe lack of close links between local universities and scientific research,
businesses, industries and employers. That is further confirmed by Hoang Tuy who states: “The
Vietnamese university system is heavily influenced by the Soviet academic system, in which universities

were primarily teaching institutions, while research was carried out by research institutes”.4

1_{UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 19: The right to}

social security (Art. 9 of the Covenant), 4 February 2008, E/C.12/GC/19, available at: />docid/47b17b5b39c.html [accessed 4 September 2018].

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
<b>Table 4. Publications in Peer-Review Journals 20071</b>

Institution Country Publications
Seoul National University Republic of Korea 5.060
National University of Singapore Singapore 3.598
Peking University China 3.219
Fudan University China 2.343
Mahidol University Thailand 950

Chulalongkom Thailand 822
University of Malaysia Malaysia 504
University of Philippines Philippines 220
Vietnam National University Vietnam 52

The main reason is the inappropriate structure of the higher education system of Vietnam.
Specifically, the network of local universities and research academies is separated thus reducing
investment efficiency and the quality of training and research. Moreover, research is not paid due
attention to, teaching is not yet closely linked with research and service for social life.2

Low quality also means higher education system of Vietnam can not respond to the emerging demands of
a growing economy, that is, to satisfy the requirements for human resources of the country’s industrialization
and modernization and people’s learning requirements. Moreover, the training scope has not yet met the
requirements of industrialization and modernization; there is imbalance between supply and demand.3

Adaptability also relates to training content and methods. In this regard, training quality and
efficiency of higher education system of Vietnam are still low. Specifically, training programs are
inflexible focusing on theory rather than practice, while learning and teaching methods are outdated4_.

According to an assessment, curricula of higher education institutions of Vietnam do not meet the
needs of about 60% young laborers who graduated, and the graduated students normally have to be
retrained for at least 6-12 months after being recruited5_{. That explains why about 50% of Vietnamese}

university graduates cannot find jobs in their area of specialization6_.

In order to improve their training quality and efficiency, local universities have recently introduced
internal quality measures, but still lacks external quality measures7_.

<i><b>Availability</b></i>

In this area of education, availability refers to ensuring the conditions for learning, including
physical conditions such as classrooms, books, and also teachers. In this regard, the challenge to
higher education of Vietnam relates to finance. The financial resources for higher education system of

1_{Source: Science Citation Index Expanded, Thomson Reuters.}
2_{Nha, NV and Tu, VN (2015). Ibid.}

3_{Nha, NV and Tu, VN (2015). Ibid.}
4_{Nha, NV and Tu, VN (2015). Ibid.}

5_{Nuffic Neso Vietnam (2010), Trends in Vietnamese education reform, 18 March, 2010.}
6_{Nha, NV and Tu, VN (2015). Ibid.}

7_{World Bank, Vietnam (2007), Higher education and skills for growth, Human Development Department, East Asia}

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Vietnam are limited, mainly relying on the State’s budget, which is only 0.41% of GDP in 2002 out
of a total of 4.22% for all levels of education1_{. In terms of expenditure on higher education, Vietnam}

compares poorly to the rest of the region and the rest of the world (average is 1.22%)2_{. In addition, the}

centrally determined structure of funding proves to be inefficient and counter-productive, while most
of higher education institutions in Vietnam are inactive in finding other financial resources3_.

Relating to teachers, the challenge facing higher education institutions of Vietnam is that many
teachers have not yet been able to meet the requirements of quality. As of 2012, there are only 77,000
higher education teachers/lecturers out of which only 9,126 have Ph.D. degrees and 36,347 have
master degrees; and 300,000 management personnel for the whole education system from general
education to higher education4_{. There is a serious lack of research experts, and higher education}

policy makers. Moreover, many lecturers do not pay due attention to research.5

Availability is also related to management. Management of higher education system of Vietnam
is characterized by a very high level of centralization in which the Ministry of Education and Training
(MOET) has significant power over higher education and determines matters as varied as the detailed
curriculum, student enrolment, academic assessment, award of degrees, budget decisions, infrastructure
and facility maintenance6_{. This mechanism has not yet created self-accountability, responsibility of higher}

education institutions for personnel, revenue-expenditure balance, and quality of training products7_.

<b>5. Conclusion</b>

Vietnam has a long tradition of higher education and has built a comprehensive system of higher
education institutions across the country. Vietnamese people are very fond of learning and appreciate
knowledge. The state is also very interested in and committed to education, considering education as
a national policy and the basis for development of the nation. The Doi Moi reforms since 1986 have
yielded great achievements in economic development, by which facilitates the promotion of education
in general, and higher education in particular. These are the very preconditions for promoting and
protecting the right of access to higher education in Vietnam in the coming years.

However, the university system of Vietnam is still outdated comparing to many countries in
the world, reflecting on all aspects such as infrastructure, governance, teaching staff and education
program. In addition, state funding for education is limited, especially for poor students. These factors
are major obstacles to enjoying the right of access to higher education in Vietnam.

Vietnam’s higher education reform has been paid special attention by the Vietnamese Government
and Vietnamese society since it was started nearly 30 years ago and it has recorded a lot of encouraging
achievements. However, this reform has to be sped up to meet increasing demand and requirement of
international integration.

1_{Nha, NV and Tu, VN (2015). Ibid.}

2_{Hayden, M. (2005), The legislative and regulatory environment of higher education in Vietnam. Washington, DC: The}

World Bank, 2005.

3_{Nha, NV and Tu, VN (2015). Ibid.}

4_{MOET, Education Development Strategy 2011- 2020, 13 June, 2012.}
5_{Nha, NV and Tu, VN (2015). Ibid.}

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS
Although there are still many challenges to Vietnam’s higher education have been pointed out,
it is believed that they will be overcome so that higher education’s management, efficiency, quality
and responsiveness and quantitative capacity can surely be improved1_{. In addition, the Government}

should pay more attention to disadvantaged groups by promoting economic growth in their localities,
facilitating education environment, as well as revising student scholarship and loan policies to finance
education costs; all in order to improve access to higher education2_.

In order to better promote and protect the right of access to higher education in Vietnam, number
of measures must be taken to overcome the shortcomings and challenges to local higher education
system above mentioned, of which the important solutions include:

<i>First, continue to reform the higher education system</i>

It is necessary to set up a master plan of the network of higher education institutions in such a
way that with their structure of professions and training levels, which is rationally distributed over
the whole country and in each province in conformity with population density and strategies of socio-
economic development, national defense and security. In addition, it is timely and needed to set up
a flexible and articulated training process, renewing the objectives, contents, teaching and learning
methods in higher education, as well as building up a contingent of highly qualified, devoted and
capable teaching and administrative staff with advanced and modern teaching and management
methods3_.

Reforming higher education system should include renovating the management towards raising
autonomy in such a way that Vietnam’s universities are no longer subject to a highly centralized system
of control of a government agency. Further, it is also necessary to change the financial mechanism
for higher education with an aim to diversify financial resources and enhance investment efficiency.

<i>Second, promoting international cooperation and exchange</i>

Expanding international cooperation and exchange as considered as ‘an integral part of the
institutional missions of higher education institutions” and “the major avenues for advancing higher
education throughout the world”4_{. International academic cooperation and exchange can gradually}

help to narrow the gap between Vietnam and other countries in higher education. Broader international
exchange would bring about an overall improvement in training and research quality as well as the
change from the “brain drain” to “brain gain” in Vietnam5_.

<i>Third, increasing investment in higher education institutions.</i>

The Government should increase funding for the construction and renovation of universities
in order to ensure that the infrastructural facilities are accessible to everyone, especially students
with disabilities. The Government should also increase funding and / or issue a policy of calling
for scholarships or interest-free loans to poor students, especially poor students in mountainous and
ethnic minority areas.

1_{Nha, NV and Tu, VN (2015). Ibid.}
2_{Thu, DTH (2013), Ibid.}

3_{Nha, NV and Tu, VN (2015). Ibid.}
4_{UNESCO (1998). Ibid.}

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