Regulatory frameworks in higher education refer to the policies, laws, and regulations governing the operation and management of public and private universities and colleges. These frameworks are designed to ensure that higher education institutions maintain high academic standards, provide quality education, and meet the needs of their students and society.

In the case of public institutions, regulatory frameworks are typically developed and implemented by government agencies responsible for overseeing higher education. On the other hand, private institutions may be subject to regulations from accrediting bodies or other organizations that monitor and evaluate the quality of education these institutions provide

To assess higher education regulatory frameworks based on system and governance contexts, students will be expos to an overview of international regulatory frameworks in England, Australia, the U.S., and Vietnam to analyze how the different governance systems discussed previously shaped these regulatory frameworks in each example. By the end of this section, the learner will assess Vietnam's regulatory framework in contrast with those described in the module to provide insight into possible challenges and opportunities moving forward with the Vietnam educational reform. 

The Regulatory Framework for Higher Education in England provides a comprehensive framework for securing student success by outlining the responsibilities of higher education providers and the regulatory body, the Office for Students (OfS). The framework focuses on four key areas: quality, standards, value for money, and access and participation. 

Quality assurance and enhancement are critical components of the framework, with higher education providers expected to demonstrate their commitment to maintaining high academic standards and ensuring positive student outcomes. It emphasizes the importance of providing students have access to high-quality teaching and learning resources, including support services promoting well-being and mental health. 

The framework recognizes the importance of ensuring that higher education provides value for money, with higher education providers expected to demonstrate that they deliver high-quality education at a reasonable cost. This framework promotes access and participation in higher education, particularly for underrepresented groups. 

The Regulatory Framework for Higher Education in England is an important document that sets out the expectations for higher education providers and the regulatory body to ensure that students receive high-quality education and achieve positive outcomes. It ensures that higher education remains accessible and affordable and that students from all backgrounds have the opportunity to succeed.

(Read more in The Office for Students, 2022)

The Higher Education Standards Framework (Threshold Standards) 2021 is a comprehensive document that sets out the minimum standards for higher education providers in Australia. The framework covers all aspects of higher education, including curriculum design, teaching and learning, assessment, research, and governance. It also includes specific standards for student support services, including academic support, health and wellbeing, and career development. 

One of the key themes of the Standards Framework is the need for higher education providers to focus on student outcomes. It includes ensuring that graduates have the knowledge, skills, and attributes required for their chosen careers to engage in lifelong learning. 

The Standards Framework also emphasizes the importance of quality assurance and continuous improvement. Higher education providers must regularly evaluate and review their programs and services to ensure they meet the required standards and provide students with the best educational experience. 

Overall, the Higher Education Standards Framework (Threshold Standards) 2021 is an important document that provides a clear and comprehensive set of standards for higher education providers in Australia. By adhering to these standards, providers can ensure that they are offering high-quality educational programs and services that meet the needs of students and the wider community.

(Read more in Australian Government Department of Education and Training, 2021)

The Higher Education Compliance Alliance (HECA) Compliance Matrix is a tool that provides a comprehensive overview of federal laws and regulations affecting higher education institutions in the U.S. The matrix covers various areas such as admissions, financial aid, campus safety, athletics, et cetera.

In the Admissions section, the matrix outlines the laws and regulations related to non-discrimination, affirmative action, and admissions policies. It also guides how institutions should handle applications from international students and students with disabilities.

The Financial Aid section of the matrix covers the laws and regulations related to federal student aid programs, including Pell Grants, Federal Work-Study, and Direct Loans. It also addresses the policies and procedures institutions must follow to maintain eligibility for these programs.

The Campus Safety section outlines the Clery Act, which requires institutions to report information about campus crime and security policies. It also addresses the Violence Against Women Act (VAWA) and the Drug-Free Schools and Communities Act (DFSCA), which require institutions to develop policies and procedures to address sexual violence and drug and alcohol abuse.

The Athletics section covers the Title IX regulations that prohibit discrimination based on sex in educational programs and activities, including athletics. It also addresses the NCAA rules and regulations that institutions must follow to maintain compliance with athletic standards.

The matrix also includes sections on Employment, Facilities, Research, and Taxation. Overall, the HECA Compliance Matrix is a valuable resource for higher education institutions to understand their legal obligations and comply with federal laws and regulations.

(Read more in Higher Education Compliance Alliance, 2021)

In Vietnam, the legal framework for education and training is described in the Law on Education 2005. It outlines the structure of the education system in Vietnam, the roles of the Ministry of Education and Training, and establishes a quality assurance scheme. The Law on Vocational Training 2006 codifies the levels of qualifications in the vocational education and training sector, including objectives, duration, and syllabus. The Law on Higher Education 2012 covers institutional autonomy and accountability, quality assurance, university roles in research, private universities, and international education cooperation. Twinning programs are also covered in the Law on Higher Education 2012, including requirements for curriculum, teaching staff, facility, legal status, quality assurance, and accreditation. Vietnamese government checks compliance against regulations for in-country delivery of foreign programs.

The text also mentions relevant decrees that limit the flexibility of foreign-invested institutions in Vietnam. Decree 73/2012ND-CP governs foreign investment and cooperation projects in education and VET in Vietnam, including foreign-invested tertiary institutions, schools and kindergartens, twinning programs, and representative offices of foreign education institutions. However, it is complex to facilitate a single framework that ensures all the diverse aspects and is written by federal Law, similar to the U.S. It is essential to notice that connects and context differ entirely from the case presented above. 

(Read more in Vietnam Ministry of Education and Training, n.d., Vietlaw, n.d., Vietnam Institute of Educational Sciences, n.d.)

Describe the governance context in Vietnam. How does this context affect the regulatory framework of higher education institutions in Vietnam? Now reflect on the framework presented in this module; what are the challenges and possible opportunities encountered? 

Australian Government Department of Education and Training. (2014). Overview of the legal framework affecting the provision of foreign education in Vietnam. 

Australian Government Department of Education and Training. (2021). Higher education standards framework (threshold standards) 2021. 

Heyneman, S. P., & Lee, J. (2013). World-class universities: The sector requirements. Institutionalization of World-Class University in Global Competition, 45-58

Higher Education Compliance Alliance. (n.d.). Compliance matrix.

Office for Students. (2022). Regulatory framework for higher education in England.

Office for Students. (2022). Sector-recognised standards.

Tertiary Education Quality and Standards Agency. (2021). Higher education standards framework.